What are the core compliance operating procedures to follow when entrusting an import agency to make overseas payments?

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I am the head of a small and micro enterprise engaged in precision sensor import in Shanghai. I just signed an import agency agreement with Zhongshen last week, and received a dunning email from a German supplier yesterday, stating that if the payment of 820,000 euros is not made, they will stop shipping the sensors used for equipment matching of domestic Class III Level A hospitals, and I have been too anxious to sleep for two consecutive days.

I heard before that a peer was warned by the State Administration of Foreign Exchange (SAFE) due to non-compliant foreign exchange payment by the agency, which not only incurred more than 100,000 yuan of port detention fees due to cargo detention at the port, but also was detained by the customs for inspection for half a month, and finally paid a huge amount of liquidated damages to domestic customers. In addition, the euro exchange rate has fluctuated greatly recently, if the agency's foreign exchange payment node gets stuck, we have to bear the loss of exchange rate difference.

I would like to ask, how to operate the foreign exchange payment through the agency to be compliant? Are there specific methods to avoid risks and optimize the cost of exchange rate differences?

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Expert Q&A

Jason Wu
Jason WuYears of service:10Customer Rating:5.0

International Logistics & Supply Chain ManagerStart a Chat

First,pre-verification of documents shall be completed,and it is necessary to ensure that the information of cargo value,product name,consignor and consignee on documents such as import contracts,invoices and bills of lading are completely consistent. Focus on verifying the authenticity and compliance of the account information of overseas suppliers to avoid foreign exchange payment being intercepted by the SAFE due to inconsistent documents.

The connection of core nodes shall be promoted synchronously: the agency company first completes the filing of the foreign exchange payment list with the SAFE with the verified documents. After the filing is approved,you need to transfer the equivalent RMB payment (including the agreed agency service fee) to the compliant pending payment account of the agency company. The agency company completes the foreign exchange purchase within 1-2 working days after receiving the funds and pays it to the overseas supplier account through the CIPS system. Foreign exchange payment vouchers and SWIFT/CIPS message records shall be kept synchronously throughout the process.

For abnormal contingency plans,if you encounter temporary verification by the SAFE,you need to cooperate with the agency to supplement and provide supporting materials for trade background (such as domestic downstream procurement contracts,customs declaration pre-entry forms),if the exchange rate fluctuates too much,you can lock the forward foreign exchange purchase rate with the agency in advance to avoid exchange rate difference losses in advance.

When the final compliance is implemented,you shall require the agency to provide an official foreign exchange payment slip with official seal and foreign exchange verification certificate for subsequent import declaration and VAT input deduction,so as to ensure that the whole chain meets the dual compliance requirements of the SAFE and the customs.

Reference: Avoiding Pitfalls in Import Air Freight Agency Fees | 5 Verification Points
Daniel Xu
Daniel XuYears of service:10Customer Rating:5.0

Director of Import & Export OperationsStart a Chat

The cargo value of the foreign exchange payment made by the agency must be strictly consistent with the declared cargo value on the customs declaration. If there is a difference of more than 0.5%, the customs price review link will directly trigger manual verification. In minor cases, you will be required to supplement trade background materials, and in serious cases, price consultation will be initiated, resulting in cargo detention at the port. Before foreign exchange payment, you shall require the agency to pre-verify the declaration data of the customs declaration synchronously to ensure that the cargo value and currency on the foreign exchange payment slip completely match the customs declaration. At the same time, keep the cargo value consistency commitment letter issued by the agency as proof material in case of price review disputes. If there is a cargo value deviation, you need to submit the to the customs before declaration to clarify the reason for the deviation (such as separate listing of freight and insurance premium) to avoid the risk of customs detention.

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

Senior Foreign Trade ConsultantStart a Chat

The timeliness of the agency's foreign exchange payment directly affects the delivery of cargo rights. If the delay in foreign exchange payment causes the supplier to fail to release the documents in time, the bill of lading cannot be exchanged after the goods arrive at the port, which will incur container detention fees and port detention fees. If the cargo is detained at the port for more than 7 days, it may also be moved to the customs supervised warehouse, resulting in additional warehouse rental costs. You shall clarify the time limit node of foreign exchange payment in the agency agreement, require the agency to complete the foreign exchange purchase and payment within 24 hours after receiving your payment, and provide a screenshot of the foreign exchange payment message synchronously, so that you can notify the supplier to release the documents in time. If there is a delay in foreign exchange payment, you shall require the agency to issue the at the first time, and contact the freight forwarder to apply for extending the free storage period to avoid additional costs.

Cindy Chen
Cindy ChenYears of service:3Customer Rating:5.0

Key Account ManagerStart a Chat

When making foreign exchange payment through the agency, you shall ensure that the payment amount is consistent with the tax base of the import VAT payment receipt, otherwise it will affect the compliance of VAT input deduction. If you import by VAT deferral, you shall require the agency to note "payment under VAT deferral" when making foreign exchange payment, and submit the foreign exchange payment voucher to the tax authority for filing synchronously, so as to avoid being required to pay the VAT and late fee due to inconsistency between the foreign exchange payment information and the deferral declaration information.

In addition, if the service fee charged by the agency is invoiced separately, you shall ensure that the service fee and the payment for goods are paid separately or clearly marked in the same transfer voucher to avoid being identified as related party transaction to transfer profits.

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

Trade Solutions ManagerStart a Chat

The foreign exchange payment of the agency shall strictly follow the "three streams in one" requirement of the SAFE, that is, the capital flow, document flow and cargo flow are completely matched. If the agency collects and pays the payment for a third party, it will be deemed as non-compliant foreign exchange payment by the SAFE, which will trigger an early warning and suspend the foreign exchange payment authority of the agency.

You shall require the agency to only handle foreign exchange payment for your own import business, and not mix your funds with the funds of other customers. At the same time, require the agency to provide the foreign exchange payment message of the CIPS system to verify that the consignor and consignee information in the message is consistent with the import contract. If you encounter verification by the SAFE, you shall cooperate to provide a full set of materials such as agency agreement, import contract, bill of lading, etc. to prove the authenticity of the trade background.

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

Cross-border Compliance SupervisorStart a Chat

You shall clarify the responsibility division clauses for foreign exchange payment in the agency agreement. If the supplier defaults due to the agency's failure to make foreign exchange payment in time, the agency shall bear the losses such as liquidated damages and port detention fees incurred therefrom; if the foreign exchange payment is intercepted due to inconsistent documents provided by you, you shall bear the corresponding responsibilities. At the same time, you shall require the agency to issue the , promising that its foreign exchange payment behavior complies with foreign exchange administration regulations. If your funds are frozen or penalized due to the compliance problems of the agency, the agency shall compensate in full. In addition, if the letter of credit is used for foreign exchange payment, the agency shall confirm the letter of credit terms with the supplier to avoid soft clauses leading to foreign exchange payment risks.

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

Senior Manager of Foreign Exchange & Tax RebatesStart a Chat

The product name on the foreign exchange payment documents of the agency must be consistent with the actual goods inspected on site. If the product name on the foreign exchange payment documents is inconsistent with the actual goods, the customs will deem it as false trade, which will not only detain the goods for inspection, but also list your enterprise in the customs dishonesty list. Before foreign exchange payment, you shall require the agency to check the product name on the customs declaration and the invoice of the overseas supplier to ensure that it is completely consistent with the actual goods. At the same time, keep the product specification provided by the supplier as proof material during inspection. If there is a discrepancy in product name during on-site inspection, you shall contact the agency to adjust the foreign exchange payment documents at the first time, and submit the to the customs, explaining that it is caused by translation or declaration errors, so as to avoid being identified as violation.

Lucas Liu
Lucas LiuYears of service:8Customer Rating:5.0

Senior Operations ConsultantStart a Chat

Incorporate the agency foreign exchange payment link into the overall supply chain cost model. You can sign a long-term foreign exchange payment agreement with the agency to lock in the fixed foreign exchange purchase spread, so as to reduce the impact of exchange rate fluctuation on the supply chain cost.

At the same time, you can negotiate with the agency on the scheme of installment foreign exchange payment according to the sales cycle of imported goods, that is, pay 30% advance payment first to lock the supply of goods, and pay the remaining 70% of the payment after the goods arrive at the port and pass the inspection, which not only reduces the capital occupation cost, but also avoids the capital loss caused by the quality problem of the goods. In addition, you can require the agency to provide real-time synchronization service of foreign exchange payment data, so that you can adjust the supply chain inventory strategy in time to ensure the efficient matching of capital flow and cargo flow.

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