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Ten questions about agency export of trade in services: How to choose a compliant service provider? What are the risks of cross - border delivery?

Ten questions about agency export of trade in services: How to choose a compliant service provider? What are the risks of cross - border delivery?

What is the essential difference between trade - in - services agency and goods - trade agency?

The core differences of trade - in - services agents are reflected inThe intangibility of the subject matterandThe particularity of the delivery method. Taking software exports as an example, the intellectual property filing, cross - border data transmission compliance and other links that an agency company needs to handle are significantly different from traditional cargo declaration. According to the WTOs General Agreement on Trade in Services, trade in services involves four supply modes.Agency export,It often involves Mode 1 (Cross - border supply) and Mode 3 (Commercial presence).

How to evaluate the professional ability of a trade - in - services agency company?

It is recommended to establish an evaluation system from three dimensions:

  • Industry Experience Verification: Require the provision of similar project cases (such as IT service export filing certificates)
  • Proof of compliance ability: Check whether it has ISO 27001 Information Security Management System Certification
  • Global Service Network: Confirm whether there is a local support team in the target market

What special compliance risks does trade - in - services export face?

Special attention should be paid to the prevention and control of three types of risks:

  • Tax risks: Such as the VAT collection rules for cross - border digital services (the new EU DAC7 regulation in 2025)
  • Cross - border data risks: Comply with the requirements of Chinas Measures for the Security Assessment of Data Exports
  • Qualification risks: Specific industries need to obtain the Technology Export License (such as AI algorithm exports)

What links does the standard process of agency export of trade in services include?

The typical process includes seven key steps:

  • Demand analysis (confirmation of service type)
  • Pre - review of compliance (verification of prohibited and restricted lists)
  • Contract structure design (Transboundary Paymentsclauses)
  • Export filing and registration (Ministry of Commerces trade - in - services system)
  • Cross - border delivery execution (including process document management)
  • Tax declaration and processing (withholding and paying VAT)
  • After - sales follow - up service (dispute resolution support)

How are the agency fees for trade in services usually composed?

The agency service quotation includes three levels:

  • Basic Service Costs: 0.8% - 1.5% of the contract amount (depending on the complexity)
  • Expenses of third parties: Including items such as notarization, certification, and legal consultation that are reimbursed according to actual expenses
  • Additional service fee: Such as customized compliance plan design (starting from 2000 yuan per hour)

What clauses should be paid special attention to when signing an agency agreement?

It is recommended to focus on five major clauses:

  • Intellectual property ownership clause (especially the distribution of derivative results)
  • Data security liability division (assumption of GDPR compliance obligations)
  • Dispute resolution mechanism (it is recommended to stipulate the Singapore International Arbitration Centre)
  • Scope of force majeure (clarify whether cyber - attacks are included)
  • Service termination clause (data transfer standards and time limits)

What are the new payment methods for cross - border trade in services?

In addition to traditional telegraphic transfer, three innovative methods can be paid attention to in 2025:

  • Blockchain smart contract payment (automatically trigger payment conditions)
  • Cross - border settlement of central bank digital currency (pilot of Chinas digital yuan)
  • Guaranteed payment by third - party service platforms (such as the professional solution of Escrow.com)

What special qualification certificates are required for trade - in - services agents?

Essential qualifications include:

  • Record-filing Form for Foreign Trade Operators
  • Registration Certificate of Technology Import and Export Contract
  • Access certificate of the Negative List for Cross - border Trade in Services
  • Qualifications for specific industries (such as the Internet Audio - Visual Program License is required for film and television exports)

How to prevent quality disputes in cross - border service delivery?

It is recommended to establish a triple guarantee mechanism:

  • Process documentation: Use project management tools such as Jira to retain work logs
  • Phase - by - phase acceptance system1. Set no less than 3 key delivery nodes
  • 2. Third - party verification3. Hire a professional institution to conduct certification of delivery results

What are the typical solutions to disputes of trade - in - services agents?

4. Select the handling method according to the nature of the dispute:

  • 5. Negotiation and mediation6. Handle through the mediation rules of the International Chamber of Commerce (ICC)
  • 7. Arbitration award8. Apply to the arbitration institutions of the contracting states of the New York Convention
  • 9. Judicial litigation10. Select the agreed jurisdiction court (Hong Kong or Singapore is recommended)

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