What is an export agency agreement? How is its legal validity defined?

An agency export agreement refers toThe shipper with theImport and exportQualified enterprises (agents) and production/supply enterprises (principals)The signed export agency contract. According to Article 919 of the Civil Code, the agent handles customs declaration, tax refund, and other procedures in its own name, but the legal consequences shall be borne by the principal. In a 2023 toy export dispute case in Yiwu, the court precisely determined the rights and obligations of both parties based on the contractual terms.

Which enterprises need to sign an export agency agreement?

The following three types of enterprises most frequently utilize export agency services:

• Manufacturing enterprises without import and export rights
• SMEs conducting cross-border business for the first time
• Trade companies needing to quickly enter new markets

Typical Case: A Ningbo-based LED lighting factory completed its market deployment in RCEP member countries within three months through an export agency agreement.

What are the legal risks associated with an export agency agreement?

Three major risk points requiring special attention:

• Payment Terms (LC and TT combination is recommended)
• Intellectual property ownership agreements
• Dispute resolution mechanism (it is recommended to stipulate the China International Economic and Trade Arbitration Commission)

2024 ShenzhenCross-border e-commerceDispute cases indicate that the failure to clearly define the division of responsibilities under FOB/CIF terms has resulted in losses accounting for 37% of the total.

How to choose a reliable export agent service provider?

Five dimensions for evaluating an agency:

• Customs AEO certification qualification
• Years of Industry Service (Recommended to select those with over 5 years of experience)
• Overseas customs clearance network coverage capability
• Bank credit line
• Completeness of Digital Service Platform

What items are included in export agency fees?

Standard cost composition:

• Basic service fee (0.8%-1.5% of cargo value)
• Logistics surcharge (calculated based on actual occurrence)
• Document Processing Fee (RMB 200-500 per shipment)
• Exchange Rate Lock Service Fee (Optional)

Note: Starting from 2025, some ports will impose an additional digital customs declaration fee.

What is the specific operational process for export agency?

Standard Operating Procedure Seven Steps:

1. Sign a framework agreement
2. Pre-recorded product filing information
3. Arrange for inspection and loading supervision
4. Customs and Inspection Agency Services
5. Foreign exchange collection and settlement
6. Tax declaration
7. Document archiving

How does export agency affect corporate tax treatment?

Key Tax Points:

• Manufacturing enterprises can enjoy the tax exemption, credit, and refund policy.
• The trading company is eligible for the duty exemption and refund policy.
• The tax refund cycle typically takes 45-60 working days.

The 2024 tax audit cases from a local tax bureau revealed that delays in tax refunds due to agents' failure to provide VAT special invoices in a timely manner accounted for 26% of the cases.

Under what circumstances can an export agency agreement be terminated?

Three scenarios for legally terminating the agreement:

• The agent loses the import and export operation rights.
• Losses caused by three consecutive documentation errors
• Force majeure prevents the performance of the agreement.

It is recommended to explicitly stipulate a 60-day written notice clause in the agreement.

What is the essential difference between agency export and self - operated export?

Core Differences Comparison:

• Legal Liability:Agency export is borne by the principal, while self-operated export is borne by oneself.
• Capital occupation:The agency model can reduce financial pressure by over 70%.
• Risk coefficient:The risk of customs inspection for export agency is reduced by 40%.

What are the common misconceptions when signing an export agency agreement?

Three cognitive biases to avoid:

• Mistakenly believing that the agent bears all trade risks.
• Negligence in the Accuracy of HS Code Declaration Responsibility
• No agreement on exchange rate fluctuation handling mechanism

The 2024 industry survey reveals that 68% of disputes stem from ambiguous contract terms.