What are the precautions for export agents?

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We areI'm a novice and this is my first time looking for a jobCooperation, I would like to ask about the precautions for export agents. I'm particularly concerned about encountering unreliable agents that result in tax refunds being rejected, uncollected payments, and uncontrolled logistics. How can we avoid these risks?

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Expert Q&A

Eric Zhou
Eric ZhouYears of service:6Customer Rating:5.0

Senior Manager of Foreign Exchange & Tax RebatesStart a Chat

From a compliance perspective,you must address three critical issues. First,the agency agreement must explicitly stipulate a "genuine agency" relationship in writing. Otherwise,if the tax authority determines that the relationship is "false self-employment disguised as agency," you will not only fail to receive tax refunds but may also face fines. Second,the ultimate responsibility for HS codes lies with you. If the agent declares the wrong code during customs clearance,the customs authority will hold you,the actual exporter,accountable. Third,the foreign exchange settlement chain must be complete. After the agent receives the foreign exchange payment,the RMB transferred to you must be labeled as "agency payment." Otherwise,the bank will consider this an illegal foreign exchange settlement. Practical advice: Mandate in the contract that the agent must provide a screenshot of the pre-declaration form within 24 hours after customs clearance and send the original copy to you within three working days after the tax refund voucher arrives.

Linda Gao
Linda GaoYears of service:7Customer Rating:5.0

Documentation SupervisorStart a Chat

The most worrying thing in the logistics process is the loss of control over the cargo rights. It is essential to choose CIF or CIP terms, and let you appoint the freight forwarder rather than letting the agent do it. Otherwise, there might be cases of unclaimed goods at the destination port. All original bills of lading and airwaybills must be sent directly to you or your overseas clients, and the agent can only keep copies. The domestic source of goods on the customs declaration form must be exactly the same as the factory address. Even a single character mismatch may result in the tax bureau rejecting the tax refund application. Regarding fees, it is crucial to clarify whether the agent's fee is a "fixed price" or "actual cost reimbursement". In particular, the upper limits for port surcharges and customs declaration fees must be specified to prevent unlimited additional charges.

Daniel Xu
Daniel XuYears of service:10Customer Rating:5.0

Director of Import & Export OperationsStart a Chat

The key to business negotiations is to "bind responsibilities." For payment methods, it is recommended to stipulate that the agency fee be paid within 7 days after the tax refund is credited, tying the agent's responsibilities to your interests. The contract must include risk clauses: if the tax refund is lost due to the agent's customs declaration errors, the agent shall bear at least 50% of the compensation. When discussing cooperation, don't ask "Are you professional?" but instead ask "How long did it take you to provide complete materials for the last customs inspection?" Use specific scenarios to test the other party. Finally, require the other party to provide a customs credit rating certificate as an attachment to the contract, giving priority to AEO-certified enterprises to avoid falling into traps with shell agencies.

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