What isExport agentWhat is the legal definition of agency right?

According to Article 9 of the Foreign Trade Law of the Peoples Republic of China,Export agentThe agency right refers to the legal authorization for an enterprise with import and export operation qualifications to accept a commission and, in the capacity of an agent, handle a full set of export procedures such as tax refund and foreign exchange receipt. Different from self - export,The ownership of the goodsalways belongs to the principal, and the agent only charges a service commission.customs clearanceWhich enterprises need to apply for the export agency right?Agency export,ofThe following three types of enterprises are recommended to adopt the agency export mode:Start - up foreign trade companies

: Have not completed the customs filing or registration with the State Administration of Foreign Exchange

Production - type domestic trade enterprises

• : The products are subject to export license/quota management (such as chemicals, medical devices)Cross - border e - commerce sellers
• : Temporary orders exceed the scope of their own export qualificationsWhat legal risks exist in agency export?
• The latest inspection cases of the General Administration of Customs in 2025 show that disputes in agency export mainly focus on:Declaration responsibility of the customs declaration form

: The principal provides false product names/prices, resulting in administrative penalties

Foreign exchange verification risk

• : The agent misappropriates the payment for goods, leading to a break in the capital chainTax refund disputes
• : Tax refund losses caused by the certification time - effect of special VAT invoices: Breakage of the capital chain caused by the agents misappropriation of the payment for goods
• Tax Rebate Dispute: Tax rebate losses caused by the certification time limit of special VAT invoices

It is recommended to clarify when signing the agency agreementDispute resolution clause, and require the agent to purchaseExport Credit Insurance.

How to choose a compliant export agency service provider?

• Three-step method for qualification verification:
  • Check the 10-digit customs registration information
  • Verify the enterprise status in the list of the State Administration of Foreign Exchange
  • Confirm the operation authority of the electronic port IC card
• Dimensions for service capacity evaluation:
  • Export cases in specific industries (e.g., medical devices require FDA certification experience)
  • The overseas customs clearance cooperation network covers the target market
  • Emergency response mechanism (e.g., rapid application for RCEP certificate of origin)

What are the common misunderstandings about the export agency right?

According to the statistics of our 20-year agency export business data, enterprises often have the following misunderstandings:

• Misunderstanding 1: Holding the agency right allows the operation of all categories (actually limited by the business scope of the business license)
• Misunderstanding 2: Agency export can avoid trade sanctions (still need to comply with the end-user review obligation)
• Misunderstanding 3: The lower the commission ratio, the more cost-effective (it is necessary to comprehensively evaluate the capital advance ability and the error rate of documents)

In the context of the changes in the international trade environment in 2025, it is recommended that the principal check the agentsCustoms credit levelandForeign exchange classification ratingevery month. For enterprises that have not carried out actual agency business for 12 consecutive months, the service provider should be replaced in a timely manner to ensure export safety.