Is it legal to export goods purchased through agents?

According to the latest 2025 Export Control Law of the Peoples Republic of China and international trade practices,Purchasing goods through formal agents for export is completely legal, but three core conditions must be met:

• The agent must have legitimate business qualifications: Requires verification of business license, brand authorization letter,import and exportAuthorization certificates and other documents
• The goods must comply with export control regulations: Special attention should be paid to dual-use items, biomedical products and other special commodities
• Complete and traceable documentation chain: Including complete trade documents such as purchase contracts, VAT invoices, and logistics documents

What are the potential risks of exporting goods purchased through agents?

Typical cases published by the General Administration of Customs in 2023 show thatApproximately 37% of trade disputes involve agent procurement. Main risks include:

• Authorization chain breakage risk
  • A certainCross-border E-commerceDue to agents forging brand authorization letters, resulting in entire container shipments being detained at destination ports
  • Special attention should be paid to the validity of sub-authorizations and authorized geographical scope
• Intellectual property infringement risk
  • 61% of counterfeit goods seized by the EU in 2024 came from agents without direct brand authorization
  • Recommend conducting global trademark searches through the Madrid System
• Risks of resale restriction clauses
  • Some brand agency agreements contain regional sales restriction clauses
  • Carefully review distribution clauses in contracts (especially Articles 9 and 12)

III. Detailed Compliance Operation Procedures (2025 Edition)

Based on our experience serving 300+foreign tradeenterprises, we recommend the following steps:

1. Qualification Verification Stage
   • Verify agent performance authenticity via the National Enterprise Credit Information Publicity System
   • Require complete brand authorization chain documents (notarization required)
2. Confirm the metal composition test report (Needs to include ASTM/EN/JIS standard parameters)
   • Clearly define export responsibility allocation clauses
   • Include quality dispute resolution mechanisms (recommend choosing CIETAC arbitration)
3. Export Declaration Stage
   • Ensure that the commercial invoice states "Procured through authorized agents".
   • Prepare complete supply chain documentation (Chinese-English bilingual)

Authoritative Answers to Common Questions

Q: Is original manufacturer export authorization required?
A: Two scenarios: ① Not required if agency agreement includes re-export rights ② Mandatory written permission from rights holder for patented products

Q: Can agents directly provide export documents?
A: Agents with import and export rights can issue it directly; otherwise, it must be completed through a foreign trade comprehensive service enterprise. It is recommended to choose a service provider that holds both the qualifications of a "pilot enterprise for foreign trade comprehensive services" and "AEO certification."

Q: Any special requirements for emerging markets?
A: For Southeast Asia, 2025 ASEAN regulations require: ① Halal-certified foods need production link authorization ② Electronics require agent quality commitment letters (consulate-authenticated)

(Note: These procedures are based on Customs Announcement No.68 effective January, 2025. Consult professional trade compliance advisors for specific cases)