1. What subject qualifications need to be verified when signing an export agency agreement?

According to the latest international trade practices in 2025, the following entity qualification verifications must be completed before signing the contract:

• Agent qualification confirmation
  • Customs AEO certification qualification
  • Import and exportBusiness Operation Record Filing Certificate
  • (Enterprises of category B and above are in normal status)
• Qualification Review of the Entrusting Party
  • The business scope of the enterprise's business license includes the category of export commodities.
  • Special commodities require a production license or industry access certification.
  • The overseas client must provide an authorized document authenticated by the embassy in China.

II. What are the essential clauses that must be included in an export agency agreement?

Based on the standard agreement framework of Fortune 500 companies, it is recommended to include the following essential clauses:

• Rights and Obligations Clause
  • Party responsible for preparing customs declaration documents
  • Export tax rebateAgreement on Rights and Interests Attribution
  • Intellectual Property Warranty Clause
• Risk-sharing mechanism
  • The risk transfer point during the transportation of goods
  • Foreign Exchange Rate Fluctuation Compensation Plan
  • Contingency Plan for Trade Sanction Risks

III. How to Design Reasonable Payment Terms?

It is recommended to adopt a combined payment solution:

• It is recommended to keep the advance payment ratio between 30% and 50% of the contract amount.
• The final payment should be made in accordance withOriginal Bill of Lading DeliveryorForeign Exchange VerificationDirectly linked
• Establish a price adjustment mechanism when exchange rate fluctuations exceed 3%.
• Clarify the currency for cross-border payments and SWIFT message requirements

IV. How should breach of contract clauses be effectively established?

Key points distilled from over 200 processed trade dispute cases:

• Set penalty standards in tiers
  • Minor breach: A late fee of 0.05% daily interest.
  • Material Breach: Compensation amounting to 20% of the total contract value.
• The agreed dispute resolution shall prioritize the China International Economic and Trade Arbitration Commission.
• Set force majeure clausesTime limit for producing evidence(It is recommended not to exceed 7 working days after the incident)

V. What filings are required after the agreement is signed?

The latest regulatory requirements for 2025 include:

• At the State Administration of Foreign ExchangeDigital Foreign Exchange Management PlatformRegister an agency export contract
• Agreements exceeding $1 million must be filed with the commerce department.
• Agreements involving the export of strategic materials must be simultaneously filed with the General Administration of Customs.
• It is recommended to complete the electronic signature filing within 15 working days after the agreement takes effect.

VI. How to Prevent Legal Risks in Agency Export?

Based on 20 years of practical experience, it is recommended to take the following measures:

• Require agents to providePerformance Bond
• It is explicitly prohibited in the agreement.Back-to-back transaction
• Agree to establish a regular (recommended monthly) reconciliation mechanism.
• Set the conditions for triggering the contract termination right.
  • Documentation errors for 3 consecutive times
  • OverdueA complete export agency agreement should be attached with:More than 60 days
  • Violation of export control regulations