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How to review an import and export agency agreement? These 8 key questions must be clearly asked!

How to review an import and export agency agreement? These 8 key questions must be clearly asked!

I. What documents should be examined for the qualification review of agents?

It is recommended to require the agent to provide the following three types of certification documents:

  • Basic qualification documents: Import and export operation right certificate, Customs AEO certification document, Foreign Exchange Administration filing certificate
  • Professional ability certification: Import and export documents of the same category of goods in the past three years (with desensitization treatment), International Freight Forwarder Qualification Certificatecustoms clearanceIndustry reputation documents
  • : Screenshot of Customs credit rating publicity, Records of international trade arbitration cases (if any)Special attention should be paid to the agreement on three types of fees:

II. What should be noted about the fee terms in the agreement?

Whether the basic service fee includes:

  • Customs declaration document preparation fee
    • Foreign exchange verification handling fee
    • Customs inspection cooperation fee
    • Agreement on the bearer of unexpected expenses:
  • Late declaration fees arising from disputes
    • Classification of CustomsInsurance claim settlement fees for damaged goods during transportation
    • Exchange rate fluctuation risk sharing mechanism
  • It is recommended that the agreement must clarify three liability nodes:

III. How to define the liability for cargo transportation?

Time point of transfer of property rights

  • : Whether it is divided by the bill of lading issuance or the warehouse receiptLiability for customs declaration errors
  • : Which party shall bear the penalties caused by incorrect HS code declarationHandling of force majeure
  • : Disposal plan for goods in special circumstances such as war and strikeIt is recommended to add three special agreements:

IV. What should be paid special attention to in the intellectual property terms?

The agents obligation to conduct a preliminary verification of the intellectual property status of the goods

  • Mechanism for sharing the Customs intellectual property protection filing information
  • Proportion of sharing emergency disposal costs when the goods are detained
  • Three common problems should be guarded against:

V. What hidden risks are there in the foreign exchange settlement terms?

Time difference between the foreign exchange verification period and the contract payment period

  • Exchange rate locking mechanism for cross - border RMB settlement
  • Compliance terms for third - party foreign exchange payment on behalf
  • A complete termination clause should cover:

VI. What contents should the agreement termination clause include?

Triggering conditions for the unilateral right to terminate (such as three consecutive customs declaration errors)

  • The maximum time limit for business handover period (it is recommended not to exceed 60 days)
  • Duration of the confidentiality obligation after termination
  • Liquidation procedure for outstanding fees
  • It is recommended to adopt a dual - guarantee mechanism:

VII. How to set the law application clause to be the safest?

Give priority to the jurisdiction of the China International Economic and Trade Arbitration Commission (CIETAC)

  • Alternative agreement on the arbitration rules of the International Chamber of Commerce (ICC)
  • Explicitly agree to apply the latest version of Incoterms?2025
  • It is recommended to implement a three - step verification process:

VIII. How to verify the compliance of the agreement terms?

Recommended to implement a three-step verification process:

  • Compare with the latest Regulations on the Record - keeping Management of Declaration Entities of the General Administration of Customs in 2025
  • Verify the current Interim Measures for the Administration of Trade - related Foreign Exchange Receipts and Payments of the State Administration of Foreign Exchange
  • Consult professional international trade lawyers to issue compliance opinions

Specifically reminded:It is recommended to require the agent to provide the latest public notice results of the customs credit rating. Since January 2025, the customs has implemented new AEO certification standards. Attention should be paid to whether the validity period of the certificate covers the cooperation period.

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