How to determine whether an agency company has the legal qualification for export?

It is recommended to verify through the following approaches:

• Customs Record Inquiry: Log in to China's International Trade "Single Window", enter the enterprise's unified social credit code to verify customs declaration qualifications.
• Registration with the State Administration of Foreign Exchange: Request to present the registration certificate of the enterprise directory for foreign exchange receipts and payments in goods trade
• Special Industry License: InvolveMedical Equipment, Sensitive goods such as food require additional verification of relevant licenses.

What essential items should the agency service fee include?

The industry standard fee structure for 2025 should include:

• Basic Service Package: Customs declaration and inspection, document preparation, foreign exchange declaration (usually charged at 0.8%-1.2% of the cargo value)
• Value-added Service Items:
  • Destination Country Customs Clearance Support: An additional 0.3% service fee is recommended for RCEP member countries.
  • L/CDocument Review: 500-2000 RMB per case
• Contingency Fund: It is recommended to allocate 0.1% of the agreed cargo value as an emergency reserve fund.

How should the clause for the transfer of ownership of goods be set up?

According to the latest interpretation of INCOTERMS? 2025:

• FOB terms: Ownership of the goods transfers once they cross the ship's rail, and the quality responsibility before loading must be clearly defined.
• CIF terms: It is recommended to add a "risk retention clause" to stipulate the mechanism for cargo damage recovery.
• DDP terms: The destination port overdue handling plan must be agreed upon, with a recommended storage period not exceeding 30 days.

How to prevent agency companies from misappropriating fundsExport Drawback?

Announcement No. 58 of the General Administration of Customs in 2025 requires:

• Split account management: ExportA complete export agency agreement should be attached with:The account must be consistent with the enterprise's customs registration information.
• Electronic trace: Request the agent to provide real-time query access to the VAT invoice verification platform.
• Phased payment：It is recommended to adopt a 3:6:1 payment ratio, with the final payment to be made after the tax refund is received.

What details should be paid attention to in dispute resolution clauses?

It is recommended to adopt a composite dispute resolution mechanism:

• Negotiation period setting: Clearly stipulate that the formal negotiation process must be initiated within 15 working days.
• Choice of Arbitration Institution: Priority is given to the China International Economic and Trade Arbitration Commission (CIETAC).
• Jurisdictional Agreement: It is recommended to include "This contract is governed by the United Nations Convention on Contracts for the International Sale of Goods."

What scenarios should the force majeure clause cover?

In addition to conventional natural disaster clauses, special attention should be paid in 2025 to:

• Digital trade risks: Response Plan for Customs Single Window System Malfunctions
• Geopolitical risk: Emergency Response for Major Ports Listed on OFAC Sanctions List
• Carbon Tariff Policy: Responsibility Allocation for Customs Clearance Delays Caused by the EU CBAM Mechanism

How to set up intellectual property protection clauses?

According to the 2025 judicial interpretation by the Supreme Court:

• Dual guarantee mechanism: Request the agent to provide the brand authorization letter + customs record number.
• Cross-border E-commerceSpecial terms< strong="">: Agree on the response time limit for intellectual property complaints on the platform (recommended 72 hours).
• Compensation Calculation Basis: It is recommended to stipulate that the higher of either three times the value of the goods or 500,000 yuan shall prevail.

How should the termination conditions of the agreement be stipulated?

It is recommended to establish a three-tier termination mechanism:

• Right of immediate termination：The agent losesimport and exportOperating rights, inclusion in the list of discredited enterprises
• : Three consecutive documentation errors without correction within 5 working days.
• Regular evaluation termination: Exit mechanism for failing to meet the agreed annual KPI standards

How to ensure the agreement complies with the latest trade policies?

It is recommended to include dynamic clauses:

• Legal Index Clause: Automatically apply the latest "Export Administration Regulations" issued by the Ministry of Commerce.foreign tradeMeasures for the Record-filing and Registration of Easy-to-operate Businesses
• : The formula for adjusting fees when the USD to RMB exchange rate fluctuates by more than 2%.
• Policy Update Notification: Major changes in trade policies must be notified in writing within 3 working days.

What legal points should be considered in electronic signing?

According to the Electronic Signatures Act (2025 Revision):

• Certification Platform Selection: It is mandatory to use a third-party electronic contract platform certified by the National Time Service Center.
• : It is recommended to agree to use the judicial chain for contract deposit certification.
• Cross-border legal effect: When involving overseas agents, an additional Hague Apostille clause is required.