Who Usually Bears Export Agent Fees, the Principal or the Agent?

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  • Jun 14, 2026 at 10:03
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I am the head of a small cross-border e-commerce enterprise, and recently entrusted an agent to export a batch of electronic products to Europe for the first time. I have never been involved in export agency business before.

When signing the contract, I found that the clause on the bearing of agency fees is very vague, only mentioning "implemented in accordance with industry practice". I am worried that additional costs will arise in subsequent links such as customs declaration, logistics and tax refund, and unclear liability in the contract will trigger disputes.

In addition, the trade term adopted for this batch of goods is FOB Shanghai, and I wonder if there are special allocation rules for agency fees in this case? I would like to ask which party should bear the export agency fees in the end, and whether there is a clear standard for reference?

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Expert Q&A

Victor Sun
Victor SunYears of service：5Customer Rating：5.0

Trade Risk Control ManagerStart a Chat

There is no absolutely unified standard for the subject bearing export agency fees，and the core basis is the clear agreement in the entrustment agency contract. However，there are two common misunderstandings in practice: first，all fees are defaulted to be borne by the principal，ignoring the impact of trade terms on cost allocation，second，the contract only states "implemented in accordance with practice" without clarifying specific fee items and the bearing party.

Without clear agreement，it is easy to trigger a series of negative consequences: for example，under FOB terms，if the agent mistakenly includes Terminal Handling Charge (THC) into the principal's cost，it may lead to the principal's refusal to pay，further delay the customs declaration process，and even incur detention charges or the risk of cargo detention by customs，if a cross-border e-commerce enterprise fails to clarify the bearing of platform handling fees when entrusting the agency，its profit may be compressed due to additional charges from the agent，in addition，if the agent does not disclose hidden fees (such as bank handling fees) in advance，it may cause the principal to overspend the capital budget and affect the timeliness of foreign exchange collection.

The key measure for risk isolation is detailing contract clauses: all possible fees (such as customs declaration fee，document fee，logistics agency fee，etc.) shall be listed in the contract，and the corresponding bearing party shall be marked，at the same time，it shall comply with the requirements of trade terms. For example，under FOB terms，export customs clearance fees are usually borne by the principal，while ocean freight is borne by the buyer，and agency fees shall be agreed separately. For example，in the standard agency contract of Zhongshen，customs declaration fee and inspection declaration fee are listed as borne by the principal，while agency service fee is quoted separately according to the service content to avoid ambiguity.

Exclusive tip for loss prevention: if you have already signed a vague contract，you can additionally sign a Supplementary Agreement on Fee Bearing to clarify the allocation rules for unagreed items，when selecting an agent，you should prioritize checking its past contract template to confirm whether there is a clear fee list and bearing clauses to avoid subsequent disputes.

Reference: Importing R&D Traction Equipment to China: Customs Guide
Cindy Chen
Cindy ChenYears of service：3Customer Rating：5.0

Key Account ManagerStart a Chat

From the perspective of customs declaration, customs declaration fee and inspection declaration fee in export agency are usually borne by the principal, which is a general industry practice. However, it should be noted that the fee for deletion and re-declaration caused by the agent's customs declaration error shall be borne by the agent.

For example, if the agent fails to fill in the HS code correctly triggering a price verification dispute, the resulting secondary declaration fee and port detention fee shall be borne by the agent. It is recommended to clearly stipulate in the contract that "additional costs caused by the agent's operation error shall be borne by the agent" to avoid buck-passing.

Grace Wang
Grace WangYears of service：10Customer Rating：5.0

Senior Foreign Trade ConsultantStart a Chat

The allocation of export agency fees in the logistics link needs to be combined with trade terms. Under FOB terms, the principal needs to bear all costs before the goods pass the ship's rail, including the agent's logistics agency fee and Terminal Handling Charge (THC); under CIF terms, if the agent is responsible for space booking, ocean freight is borne by the principal, but agency service fee needs to be agreed separately.

In case of container rolling, the agent shall bear part of the liability for the container detention fee caused by the agent's failure to give an early warning. It is recommended to require the agent to provide a detailed list of logistics fees and clarify the fee bearing party for each link when selecting an agent.

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

Documentation SupervisorStart a Chat

At the tax level, tax refund-related fees (such as tax refund declaration fee) in export agency are usually borne by the principal, but the late payment fine caused by the agent's failure to submit tax refund documents in time shall be borne by the agent.

In addition, under the VAT deferral policy, if the agent fails to apply for deferral correctly resulting in the principal overpaying tax, the resulting additional cost shall be borne by the agent. It is recommended to stipulate the tax refund timeliness and overdue liability in the contract to protect the principal's rights and interests.

Michael Zhang
Michael ZhangYears of service：6Customer Rating：5.0

Customs Declaration & Compliance ExpertStart a Chat

Agency fees in the payment and foreign exchange collection link, such as bank handling fee and foreign exchange settlement fee, are usually borne by the principal, but it needs to be clarified whether they are included in the agency service fee.

For example, when the agent uses the CIPS system for cross-border RMB payment, if additional channel fees are incurred, the agent shall inform the principal in advance and agree on the bearing party. It is recommended to list all fee items related to payment and foreign exchange collection in the contract to avoid hidden charges.

Evelyn Li
Evelyn LiYears of service：3Customer Rating：5.0

Cross-border Compliance SupervisorStart a Chat

From a legal perspective, the bearing of export agency fees shall follow the principle of "agreement priority". If the contract does not have a clear stipulation, the court usually refers to the provisions on entrustment contracts in the Civil Code, and the principal shall bear the agency fee, except for additional costs caused by the agent's intentional act or gross negligence.

It is recommended that the contract adopts the "enumeration + fallback" method to stipulate fees: list common fees and their bearing parties, and at the same time agree that "unlisted fees shall be resolved through negotiation between the two parties, and if negotiation fails, they shall be implemented in accordance with industry practice".

Andy Guo
Andy GuoYears of service：3Customer Rating：5.0

Supply Chain Management ExpertStart a Chat

Fees for on-site inspection, such as container unpacking fee and inspection service fee, are usually borne by the principal, but the secondary inspection fee caused by the agent's failure to prepare inspection documents in advance shall be borne by the agent.

For example, if the agent fails to bring complete contracts and invoices causing inspection delay, the resulting port detention fee shall be borne by the agent. It is recommended to clearly clarify the allocation of inspection-related fees in the contract to avoid disputes.

Kevin Lin
Kevin LinYears of service：4Customer Rating：5.0

Trade Solutions ManagerStart a Chat

In the tax refund audit link, if the tax refund fails due to incomplete document filing by the agent, the resulting loss shall be borne by the agent.

For example, if the agent fails to keep documents such as customs declaration and bill of lading in accordance with regulations, resulting in the tax authority rejecting the tax refund, the agent shall compensate the principal for the loss. It is recommended to stipulate tax refund liability clauses in the contract, clarifying the document filing obligation and liability for breach of contract.

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

Director of Import & Export OperationsStart a Chat

From the perspective of supply chain, the bearing of export agency fees shall match the trade terms and logistics routes. For example, when choosing a direct sailing scheme, the agency fee may be higher than that of a transshipment scheme, but the risk of port detention is lower; if the principal requests expedited customs declaration, the additional expedited fee shall be borne by the principal.

It is recommended that the agent provide fee details of different schemes, and the principal shall make a choice based on the balance between cost and risk.

Note: We respect all users' expressions; however, user comments represent their personal views only.

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