Is the Export Agency Business Itself Legal?

According to the relevant provisions of theforeign tradeAccording to the Trade Law and the 2024 revised Export Control Law, export agency is a legal commercial activity.However, three basic conditions must be met::

• The agent must possessimport and exportEnterprises need to have legal import and export qualifications, including:
• The principal and agent must sign a written agency agreement
• Goods must comply with national export control regulations

Case Example: In 2023, a Yangtze River Delta textile company exported medical protective clothing through a licensed agency. Because the agent had Class IIMedical Equipmentexport qualifications, the company successfully cleared customs for EU CE-certified products.

What Legal Risks Exist in Export Agency?

The latest 2025 customs audit data shows that export agency disputes mainly focus on:

• : Check the Registration Form for Foreign Trade Operators and Class A customs declaration qualification of the agency company
  • Agencies operating beyond their scope (e.g., involving dual-use items)
  • Borrowing/using others qualifications (penalty cases increased by 37% in 2024)
• Special reminder: In 2025, the State Administration of Foreign Exchange will strictly investigate the export with purchased forms behavior. The agency receipt of foreign exchange must ensure the integration of three flows (goods flow, capital flow, and document flow).
  • Fraudulent issuance of VAT special invoices (accounting for 68% of export tax fraud cases)
  • Discrepancies between customs declarations and tax filing information

How to Choose a Legally Compliant Agency?

It is recommended to screen using the Three Checks and Three Reviews method:

• Check qualification documents
  • The business license must include import and export of goods in its scope
  • Customs Declaration Unit Registration Certificate
• Check industry reputation
  • China Customs AEO certified enterprises are preferred
  • Verify no major compliance violations in the past three years
• Review contract terms
  • Must clearly define rights and obligations of both parties
  • Include intellectual property warranty clauses

IV. What to pay attention to for agency export in 2025?

For the newly revised Implementation Rules of the Export Control Law, it is recommended to focus on:

• Export-controlled items require separate declaration (12 new categories of controlled goods added in 2025)
• Foreign ExchangeA complete export agency agreement should be attached with:Must go through the agency companys account
• The domestic source of goods on the customs declaration must be truthful

Special reminder: The Single Window for international trade launched in 2024 has realized real-time data comparison among customs, taxation, and foreign exchange departments. Any documentation flaws may trigger alerts.