I. Is consignment agency for export itself illegal?

According to the relevant provisions of theforeign tradeAs stipulated in Article 12 of the __Law Name__ and Article 11 of the Customs Law,Entrusting an enterprise withimport and exportthe right to operate to act as an agent for export belongs to a legal trade act28.. However, three preconditions must be met:

• The agent has the import and export qualifications filed with the customs
• The two parties sign a standardized agency export agreement
• The goods declaration information is completely consistent with the actual situation.

II. How to determine whether an agency company is legal and compliant?

Under the latest regulatory requirements in 2025, a legal agency export enterprise should possess:

• Basic qualification certificates:
  • Registration Certificate of the Customs for the Consignor and Consignee of Import and Export Goods
  • Foreign Trade Operator Registration and Record Filing Form
  • (The new version in 2025 has integrated the tax filing function)
• Business compliance certificates:
  • A formal agency agreement template
  • Complete customs declaration documents for filing
  • The filing record of the State Administration of Foreign Exchange

III. Which agency export behaviors may be illegal?

According to the typical case notification of the General Administration of Customs in 2023, the following situations have legal risks:

• Acting as an agent for three-no enterprises (no qualifications, no premises, no personnel)
• Accepting falsely issued special VAT invoices for useExport Drawback
• Engaging in illegal document-borrowing exports (using others documents for declaration)
• ForgingIt is recommended to verify through the following methods:Documents such as certificates, etc.

IV. How can foreign trade enterprises avoid agency export risks?

Based on 20 years of practical experience, it is recommended to take the following measures:

• Three-Step Method for qualification verification:
  • Log in to the China Customs Enterprise Import and Export Credit Information Publicity Platform for verification
  • Require the provision of tax payment certificates for the past three years
  • Conduct on - site inspections of the agency companys office premises
• Five Clarifications for contract signing:
  • Ownership of goods
  • A complete export agency agreement should be attached with:Liability division
  • Document management requirements
  • Liability for breach of contract compensation
  • A case of a tax rebate dispute caused by an oral agreement of a certain electromechanical enterprise in 2024 shows that when there is a lack of a written agreement, the tax authorities may identify the actual owner of the goods as the declaration entity.

V. Analysis of typical cases of agency export disputes

Warning from a case of an illumination enterprise entrusting agency export in 2024:

• Problem: The agency company擅自modified the HS code, resulting in a customs classification dispute
• Consequence: The goods were detained at the port, generating a demurrage of $120,000
• Lesson: The process for confirming declaration information must be clearly defined in the agreement

VI. New Trends in Foreign Trade Agency Services in 2025

According to the latest guiding opinions of the Ministry of Commerce, the future compliant agency services will present as follows:

• Digital Upgrade:
  • Automatic Generation System for Electronic customs declaration forms
  • Application of blockchain traceability technology
• Service Extension:
  • Export tax rebate advance payment service
  • One - stop solution for cross - border payment and foreign exchange receipt

Special Reminder: The content described in this article is based on the currently effective laws and regulations. For specific business operations, please refer to the latest requirements of the competent authorities. It is recommended to consult professional international trade lawyers or customs affairs consultants before entrusting an agency.