1. What basic conditions must a company meet to entrust an agent for export?

According to the latest 2025 "Management Measures on Regulating Agency Export Business," the principal must meet the following basic conditions:

• Legal Business License
  • Business license includes?Import/export?Relevant business scope
  • Tax registration and foreign exchange income and expenditure directory registration have been completed.
• Product Compliance Certificate
  • Non-controlled commodities require a quality inspection report.
  • Involves?CCC?Special categories such as certification require complete qualification documents.
• Financial Guarantee Capability
  • For single-ticket agency contracts exceeding USD 500,000, a bank guarantee must be provided.
  • For three consecutive years with export volume reaching $1 million, you can apply for a credit line.

II. Which products are prohibited from being exported through agents?

The updated 2025 "Catalog of Goods Prohibited from Export" by the General Administration of Customs clearly stipulates:

• Absolutely Prohibited Categories
  • Endangered animals and plants and their products (CITES Appendix I species)
  • Undisclosed military technologies and dual-use items
• Conditional restriction category
  • The export quota for rare earth products requires approval from the Ministry of Commerce.
  • Lithium battery transportation requires UN38.3 certification + dangerous goods packaging certificate.

III. What qualifications must an export service agent possess?

A compliant export agent service provider should possess the following qualifications simultaneously:

• Legal Business License
  • Customs AEO Advanced Certification Enterprise Qualification (2025 New Regulations)
  • State Administration of Foreign Exchange "List of Enterprises for Trade-Related Foreign Exchange Receipts and Payments"
• Professional service capability
  • At least 3 years?Export Agency?Hands-on experience
  • Possesses a customs clearance team familiar with the target market.
• Risk control system
  • The error rate in document review is below 0.5%.
  • Possess the capability to provide legal support for cross-border disputes.

IV. What key clauses must be stipulated in an export agency contract?

According to the "?Foreign trade?Judicial Interpretation on Agency Contract Disputes, it is recommended to focus on:

• Clauses on division of rights and responsibilities
  • Clarify the filling rules for the "Domestic Consignor" field in the customs declaration form.
  • Agreed time limit and responsibilities for the transfer of tax refund documents
• risk-sharing mechanisms
  • Allocation ratio of demurrage charges incurred from cargo inspection
  • Price adjustment mechanism when foreign exchange fluctuations exceed 5%
• Dispute Resolution Clause
  • It is recommended to stipulate the jurisdiction of the China International Economic and Trade Arbitration Commission.
  • Clearly apply the "Incoterms 2025".

V. What special circumstances require a dedicated agency agreement?

In the following business scenarios, it is imperative to sign a supplementary agreement:

• Special trade methods
  • ?E-commerce?B2B Export (Model 9710)
  • Market Procurement Trade (1039 Model)
• Sensitive country transactions
  • Export to OFAC Sanctioned Countries
  • Involving items controlled under the Export Control Law.
• Special settlement method
  • LC term exceeding 180 days
  • Third-party payment for goods scenario