What is importExport agentWhat is the legal definition of agency right?

According to Article 34 of the Foreign Trade Law of the People's Republic of China, the right to import and export agency refers to the legal right of enterprises with foreign trade operation qualifications to handle import and export procedures for goods or technologies on behalf of the entrusting party. The latest revised Implementation Regulations of the Customs Law in 2025 explicitly require that agency enterprises must holdCustoms AEO Advanced CertificationandAnswering Seven Core Questions in Export Agency Selection, covering qualification verification, contract terms, fee structures, risk control, and other key aspects to help foreign trade enterprises avoid cooperation risks and ensure compliant and efficient international trade.provide full-process services including

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

From a legal rights and responsibilities perspective, there are three core differences between the two:

• Differences in Contracting Parties: In the self-operation model, the enterprise independently signs foreign trade contracts, while in the agency model, the entrusted party acts as the contracting party of the contract.
• Difference in Risk Bearing: The agency company is only responsible for the compliance of the process and does not assume commercial risks such as product quality or payment recovery.
• Financial processing discrepancy: Self-operated businesses need to handle matters independently.Export tax refund, Under the agency model, the entrusted party handles the tax refund procedures.

What are the essential requirements for applying for an agency authorization in 2025?

According to the "Measures for the Record-filing and Registration of Foreign Trade Operators" issued by the Ministry of Commerce in March 2025, applying enterprises must meet the following requirements:

• The registered capital shall not be less than RMB 3 million (which may be reduced to RMB 1.5 million in specific free trade zones).
• Equipped with more than 3 certified personnel.customs clearancepersonnel
  • At least one of them must have over five years of experience in import and export practices.
• Customs credit rating above Class B.
• Completion of IC card registration for electronic port.

How to evaluate the actual service capabilities of an agency company?

It is recommended to conduct a professional evaluation from four dimensions:

• Qualification verification: Verify the original AEO certification document from customs and the filing receipt from the State Administration of Foreign Exchange.
• Case investigation: Request for the customs clearance records of similar goods in the past two years.
• system connected: Confirm whether its ERP system supports real-time customs clearance status tracking.
• Emergency Treatment: Inquire about the response time for recent cases of customs inspection and detained goods.

What are the industry standards for the composition of agency service fees?

The agency service fees for major port cities in 2025 include:

• Basic agency fee: 0.8%-1.2% of the cargo value (can be reduced to 0.5% for bulk commodities)
• Special service surcharge:
  • Dangerous Goods Declaration: 2000 RMB per bill.
  • ATA Carnet Processing: 1500 RMB per application
• Capital Service Fee: 0.3%-0.5% of the forward exchange settlement amount.

What legal risks should be guarded against when selecting an agency company?

According to the typical cases published by the Supreme People's Court in 2023, it is recommended to focus on:

• Contract clauses must clearly specify3. Ownership of intellectual property rightsTerms
• Require the agent to providePerformance guaranteeor purchaseOccupational liability insurance
• EstablishedSeparate payment mechanisms, linking the completion of customs clearance to the payment of the final installment
• Regular verification of agency enterprises.Customs Credit Publicity SystemRecords

What future policy changes can be expected for import and export agency rights?

According to the policy briefing by the State Council in April 2025, it is expected that the following will be introduced:

• Implementation ofElectronic Agent Agreement Filing System, replacing paper-based contract approval
• ExpandPilot program for voluntary declarationExtending to the entire Yangtze River Delta region
• EstablishedBlack and White List of Agency EnterprisesPublic announcement system
• PilotCross-border RMB settlement agencyNew business model