Is it illegal to use an agency company for exports?

According to the latest revised 2025?Foreign trade?"Law of the People's Republic of China," export agency itself is a legal commercial act. However, it should be noted that:The agency company must have customs AEO certification,?Tax Refund?qualifications, and be filed with the State Administration of Foreign Exchange—three core qualifications. In practice, a case in 2024 where a trading company in Shanghai had 3 million worth of export goods seized for using an unqualified agent fully illustrates the importance of qualification verification.

How to distinguish between legal agency and illegal "buying a declaration"?

The key to identifying a legal agent is to look at the business model:

• Characteristics of a legal agent:
  • Signs a formal agency agreement
  • Funds flow through a corporate account
  • The customs declaration shows the actual owner of the goods
• Signs of an illegal purchase of a declaration:
  • Frequent cash transactions
  • The name on the customs declaration does not match the actual owner of the goods
  • Refuses to provide a complete chain of documents

What are the new risks in export agency in 2025?

In light of the latest international trade situation, special attention should be paid to:

• The data traceability requirements for the EU's Carbon Border Adjustment Mechanism (effective January 2025)
• The US UFLPA's supply chain review of agency companies
• The RCEP's digital verification mechanism for declarations of origin

It is recommended to require the agency company to providea compliance management system audit reportto ensure it has the ability to handle new trade barriers.

How to verify the compliance of an agency company?

Verify qualifications in three steps:

• Step 1: Basic qualification check
  • Log in to the "China Customs Enterprise?Import/export?Credit Information Publicity System" to check the AEO certification status
  • Check the export tax rebate qualification on the official website of the State Administration of Taxation
• Step 2: Business capability assessment
  • Request agency?Customs Declaration?samples (with commercial secrets redacted) from the last two years
  • Check the qualification documents of its cooperative carriers
• Step 3: Risk control system review
  • Inquire about trade compliance training records
  • Check if the electronic customs declaration system has an automatic HS code verification function

How to choose between self-operated export and export agency?

Conduct a decision analysis from three dimensions:

• Cost comparison:For enterprises with an annual export value of less than $5 million, an agent can save 35% on operating costs
• Risk assumption:Self-operation requires independently bearing the risk of an increased inspection rate due to a failed AEO certification
• Efficiency difference:The customs clearance speed of a high-quality agency is 2-3 working days faster than a newly self-operating enterprise

It is recommended that small and medium-sized exporters prioritizea professional category agent, such as in specially regulated fields like chemicals andMedical Devices.

How to defend your rights when you encounter an illegal agent?

Retaining the following evidence can effectively defend your rights:

• Bank transfer vouchers (must be noted as "agency service fee")
• Original purchase contract and proforma invoice
• Scanned copy of the pre-entry customs declaration form
• Correspondence records (WeChat/email need to be notarized)

A classic case in 2024 where a Zhejiang enterprise successfully recovered the value of seized goods and the fine through a complete chain of evidence proves that evidence preservation is crucial.

What is a reasonable range for agency service fees in 2025?

According to industry research data:

• General cargo: 0.8%-1.2% of the cargo value (including customs declaration, documentation, logistics coordination)
• Legally inspected goods: 1.5%-2% of the cargo value (including commercial inspection agency)
• Dangerous chemicals: starting from 2.5% (requires professional MSDS review)

Special attentionA quote below 0.5%may pose a risk of buying a declaration. It is recommended to ask the other party to explain the cost structure.