I.Agency export,What are the essential elements of a contract's basic structure?

According to the requirements of the Civil Code and the Foreign Trade Law, a complete export agency agreement must include:

• Subject information verification: The agent shall provide the Customs AEO certification, import and export rights filing certificate, and the registration record of the State Administration of Foreign Exchange.
• Service scope definition: Specify detailed parameters such as the HS code of the agency export goods, target market, and mode of transportation.
• Payment settlement mechanism: Distinguish between agency service fees and advance payments, and specify the exchange rate fluctuation handling plan.
• Dispute resolution clause: It is recommended to choose the China International Economic and Trade Arbitration Commission (CIETAC) as the arbitration institution.

II. How to Allocate Customs Declaration Responsibilities to Avoid Legal Risks?

The Announcement No. 58 of 2025 by the General Administration of Customs strengthens the responsibility of declaration entities. It is recommended to specify in the agreement:

• The product classification (HS code) is provided by the entrusting party, while the agent reserves the right to review.
• The authenticity of certificates such as the Certificate of Origin and test reports shall be the responsibility of the entrusting party.
• The demurrage charges incurred from customs inspection shall be allocated according to the principle of liability attribution.
• Handling in special circumstances:
  • For products involved in anti-dumping, an additional "Special Liability Statement" must be signed.
  • The export of sensitive technologies requires a separate agreement on the compliance review process.

III. What details should be paid attention to in the payment settlement terms?

Based on the new regulations for cross-border receipts and payments issued by the State Administration of Foreign Exchange in 2025, it is recommended to adopt:

• Profit-sharing management mechanism: The agent account is separated from the client's foreign exchange collection sub-account.
• Exchange rate lock-in clauses: It is agreed that the foreign exchange settlement operation shall be completed within T+1 business days.
• Treatment of abnormal situations: In case of foreign exchange control or bank rejection, specify the fund return path.
• Requirements for payment vouchers:: Request the agent to provide the bank statement and the export foreign exchange verification form.

IV. How to Verify the Authenticity of an Agent's Qualifications?

Cross-validation is recommended through three official channels:

• China Customs Enterprise Credit Information Publicity Platform (2025 New Edition) - AEO Certification Status Inquiry
• State Administration of Foreign Exchange Online Government Service Inquiry on the Status of Listed Enterprises
• E-Port Law Enforcement System verifies import and export business records

V. How are responsibilities allocated when encountering claims from foreign merchants?

It is necessary to establish a three-tier responsibility firewall in the agreement:

• Quality Dispute: The product liability shall be borne by the client.
• Documentary discrepancies: Liability is determined based on the party at fault.
• Logistics Incident: Separation of Carrier Liability and Agent Service Responsibility
• It is recommended to additionally insure the export product liability insurance clause.

6. What are the new models for calculating agency service fees?

In 2025, the industry will introduce three innovative billing methods:

• Graded rate system: Calculate the service fee rate based on the annual export amount in tiers.
• Risk hedging model: Exchange rate fluctuations exceeding 3% will be shared by both parties.
• Performance Bonus Mechanism: Provide rewards for exceeding market development targets.

7. What should be particularly noted in the agreement termination clauses?

It is recommended to establish three types of termination scenarios and their corresponding handling procedures:

• Normal termination: Provide a written notice 60 days in advance and complete the liquidation of outstanding business.
• Breach Termination: Clearly define the criteria for determining material breaches (e.g., delays in document submission more than three times).
• Force Majeure Termination: Agreement on handling special circumstances such as government regulations.

8. How to prevent the risk of agents misappropriating funds?

Four fund supervision measures can be implemented:

• Request to open a joint account or activate third-party payment platform supervision.
• It is agreed that the confirmation of foreign exchange receipt must be completed within 24 hours upon arrival.
• Provide audited payment and receipt detailed reports on a monthly basis.
• Include criminal liability clauses for embezzlement in the agreement.

9. How is the legal validity of electronic agreements ensured?

According to the "Electronic Contract Law Implementation Regulations" effective in 2025, it is required to ensure:

• Use an electronic signature certified by the State Cryptography Administration.
• The agreement header clearly states that both parties acknowledge the legal validity of electronic texts.
• Any changes to the agreement must be confirmed and documented through the designated platform.

10. What supporting documents are required after signing the agreement?

It is recommended to supplement three key attachments:

• "Advancement"Export agentThe Authorization Confirmation clearly defines the scope of authorization.
• "Foreign Exchange Receipt and Payment Management Rules" stipulate the operational procedures for foreign exchange settlement.
• "Commercial Information Confidentiality Agreement" safeguards customer data security.