How to determine whether an agency company has legal export qualifications?

It is recommended to verify through the following channels:

• Customs registration inquiry: Log in to Chinas International Trade Single Window, enter the enterprises unified social credit code to check customs declaration qualifications
• SAFE registration: Request to present the Foreign Exchange Income and Expenditure Enterprise Directory Registration Certificate for Goods Trade
• Special industry licenses: InvolveMedical Equipment, sensitive goods such as food require additional verification of relevant permits

What essential items should agency service fees include?

The 2025 industry standard fee structure should include:

• Basic Service PackageCustoms declaration and inspection, document preparation, foreign exchange declaration (typically charged at 0.8%-1.2% of cargo value)
• Value-added Service Items:
  • Destination country customs clearance support: Additional 0.3% service fee recommended for RCEP member countries
  • L/CDocument review: 500-2000 RMB per instance
• Contingency handling fundRecommended to allocate 0.1% of cargo value as emergency reserve

How should the cargo ownership transfer clause be established?

According to the latest interpretation of INCOTERMS? 2025:

• FOB termsOwnership transfers when cargo crosses ships rail, requiring clear quality responsibility before loading
• CIF termsRecommended to add Risk Retention Clause specifying cargo damage compensation mechanism
• DDP termsMust specify overdue handling solution at destination port, recommended storage period not exceeding 30 days

How to prevent agency companies from misappropriating fundsExport Drawback?

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

• Separate account managementExportA complete export agency agreement should be attached with:Accounts must match enterprises customs registration information
• Electronic trace retentionRequire agents to provide real-time query access to VAT invoice verification platform
• Phased paymentRecommended payment ratio of 3:6:1 with final payment after tax rebate receipt

What details should be noted in dispute resolution clauses?

Recommended to adopt composite dispute resolution mechanism:

• Negotiation period settingClearly specify formal negotiation procedures must commence within 15 working days
• Arbitration institution selectionPriority given to China International Economic and Trade Arbitration Commission (CIETAC)
• Jurisdiction agreementRecommended to include This contract is governed by the United Nations Convention on Contracts for the International Sale of Goods

What situations should force majeure clauses cover?

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

• Digital trade risksResponse plan for customs single window system failures
• Geopolitical risks: Emergency response for major ports included in OFAC sanctions list
• Carbon tariff policies: Responsibility allocation for customs clearance delays caused by EU CBAM mechanism

How to set up intellectual property protection clauses?

According to the Supreme Courts judicial interpretation in 2025:

• Dual guarantee mechanism：要求代理提供品牌授權(quán)書+海關(guān)備案編碼
• Cross-border E-commerceSpecial terms< strong="">：約定平臺知識產(chǎn)權(quán)投訴的響應(yīng)時限（建議72小時）
• Compensation calculation basis: It is recommended to stipulate whichever is higher between 3 times the goods value or 500,000 yuan

How should the agreement termination conditions be stipulated?

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

• Immediate termination right: Agent losesimport and exportBusiness operation rights, included in the list of dishonest enterprises
• : 3 consecutive documentation errors uncorrected within 5 working days
• Periodic evaluation termination: Exit mechanism when annual KPIs fail to meet agreed standards

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

Recommend adding dynamic clauses:

• Legal index clause: Automatically applies the latest Ministry of Commerce Foreignforeign tradeTrade Operator Registration and Record Filing Measures,
• : Includes cost adjustment formula when USD/RMB exchange rate fluctuates beyond 2%
• Policy update notification: Major trade policy changes must be notified in writing within 3 working days

What legal points require attention for electronic signing?

According to the Electronic Signature Law (2025 Revision):

• Certification Platform Selection: Must use third-party e-contract platforms certified by the National Time Service Center
• : It is recommended to agree on using Judicial Chain for contract deposition
• Cross-border Legal Validity: When involving overseas agents, Hague Apostille clauses must be added