1. Is it mandatory to sign a written agreement for import and export agency?

According to the newly implemented "International Trade Agency Service Management Measures" in 2025,The written agency agreement is legally binding and enforceable.. Even if there is a long-term cooperative relationship between the two parties, it is recommended to include at least the following elements:

• Scope of Services (customs clearance/Logistics/Tax Refund, etc.)
• Billing Cycle and Payment Method
• Liability for Breach of Contract Clause
• Dispute resolution mechanism (it is recommended to stipulate the China International Economic and Trade Arbitration Commission)

II. Which clauses in the agency agreement are prone to disputes?

According to the 2024 dispute case statistics from the General Administration of Customs, the high-frequency contentious clauses include:

• Ownership of Goods Clause: It is necessary to clarify the timing of the transfer of property rights (it is recommended to adopt Incoterms? 2025 terms).
• Tax Refund Liability Clause: A distinction should be made between the assisting obligations of the agent and the burden of proof of the principal.
• Inspection of vaccinesTerms: Pay attention to the new EU carbon tariff declaration requirements in 2025.

III. Are cross-border electronic agreements legally binding?

According to the draft amendment of the Electronic Signature Law (under review in 2025), electronic agreements that meet the following conditions are valid:

• Use a certified electronic signature system.
• The agreement content allows for complete traceability of modification records.
• Cross-border agreements must comply with the mutual recognition rules of RCEP member states.

IV. How to Prevent Risks in Agency Fee Settlement?

Recommended adoptionPhased Payment + Performance BondMode:

• The advance payment shall not exceed 30% of the total cost.
• Main payment milestones:
  • Pay 40% after the customs declaration form is released.
  • Complete the tax refund declaration and pay the final payment.
• It is recommended that the margin ratio be 5-10% of the contract amount.

5. How to effectively safeguard your rights in case of breach of contract by the agent?

The default handling process must be pre-agreed in the contract:

• Set a default notice period not exceeding 3 business days.
• Clarify the compensation calculation standard (it is recommended to agree on a late fee of 0.1% of the cargo value per day).
• Agree on the jurisdiction of litigation within China

6. Does the agency agreement need to be updated regularly?

It is recommended to conduct a legal compliance review every two years, with a focus on:

• The Detailed Rules for the Implementation of Customs Administrative Penalties, effective in 2025
• The latest adjusted export control list (especially in the semiconductor sector)
• Compliance Requirements for Cross-Border Data Flows (referring to the "Measures for Security Assessment of Outbound Data Transfer")