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

An export agency agreement refers toThe shipper with theimport and exporta qualified enterprise (the agent) and a production/supply enterprise (the principal)signing an entrusted export contract. According to Article 919 of the Civil Code, the agent handles customs clearance, tax refund, and other procedures in its own name, but the legal consequences are borne by the principal. In a 2023 toy export dispute case in Yiwu, the court determined the rights and obligations of both parties based on the agreement clauses.

Which enterprises need to sign export agency agreements?

The following three types of enterprises most commonly use export agency services:

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

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

What legal risks exist in export agency agreements?

Three key risk points requiring special attention:

• Payment terms (recommended to use a combination of LC and TT)
• Intellectual property ownership agreements
• Dispute resolution mechanism (recommended to specify China International Economic and Trade Arbitration Commission)

A 2024 ShenzhenCross-border E-commercedispute case showed that unclear FOB/CIF responsibility division led to losses accounting for 37%.

How to choose a reliable export agency service provider?

Evaluate agency companies from five dimensions:

• Customs AEO certification qualification
• Years of industry service (recommended to choose 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 fee structure:

• Basic service fee (0.8%-1.5% of cargo value)
• Logistics surcharges (calculated based on actual occurrence)
• Document Processing Fee (RMB 200-500 per shipment)
• Exchange rate locking service fee (optional)

Note: Starting from 2025, some ports will charge digital customs clearance surcharges.

What is the specific operational process for export agency services?

Standardized seven-step operation process:

1. Sign framework agreement
2. Pre-record product filing information
3. Arrange inspection and loading supervision
4. Handle customs declaration and inspection agency
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 exemption, credit and refund policy
• Trading companies apply for exemption and refund policy
• Tax refund cycle typically takes 45-60 working days

A 2024 local tax bureau inspection case showed that 26% of tax refund delays were caused by agents failing to provide special VAT invoices in time.

Under what circumstances can an export agency agreement be terminated?

Three legal circumstances for agreement termination:

• The agent loses import and export operation rights
• Three consecutive documentation errors causing losses
• Force majeure making agreement performance impossible

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

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

Core difference comparison:

• Legal Liability:Export agency risks are borne by the principal, while self-operated exports bear their own risks
• Capital occupation:Agency model can reduce capital pressure by over 70%
• Risk coefficient:Export agency reduces customs inspection risks by 40%

What are the common misconceptions when signing export agency agreements?

Three cognitive errors to avoid:

• Mistaken belief that the agent bears all trade risks
• Neglecting responsibility for HS code declaration accuracy
• Failing to establish exchange rate fluctuation handling mechanisms

Industry survey in 2024 shows that 68% of disputes stem from unclear agreement terms.