Whether the various business operations carried out by pure import-export agency companies comply with China's current foreign trade regulatory regulations?

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I am the person in charge of a small foreign trade processing factory in Shanghai. I just signed a 1.2 million euro European outdoor furniture order last month. Since the factory does not have self-managed import and export rights, I found a pure import-export agency company to sign a letter of intent for cooperation last week and paid 5% of the agency service fee in advance.

But when I attended an industry tea gathering yesterday, a peer said that many pure agency companies are "shell companies", and non-compliant operations will lead to customs detention of goods, inability to settle foreign exchange, and even implicate the factory being included in the customs dishonest enterprise list. I am panicked now.

The order delivery deadline is only 45 days. If the agency has problems, I will not only have to pay a 10% penalty for breach of contract to the customer, but also break the factory's working capital chain. I want to ask whether pure import-export agency companies are legal, and how can I confirm whether the current cooperating company is compliant?

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Expert Q&A

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

Trade Risk Control ManagerStart a Chat

First,expose common industry misconceptions: Many customers mistakenly believe that a pure import-export agency company with a business license has legal business qualifications,but this is not the case. According to China's foreign trade regulatory requirements in 2026,pure import-export agency companies must meet three core qualifications at the same time: the business scope of the business license includes "import and export agency",complete customs declaration unit registration,and be included in the SAFE's goods trade foreign exchange receipts and payments directory. Lack of any qualification constitutes unlicensed operation.

If you choose a non-compliant agency,it will trigger a chain of negative reactions: Customs will deem the declaration invalid because the agency has no qualification. After the goods are detained by customs,the storage fees and container detention fees can reach 1,200 yuan per day on average. Goods that have not been rectified for more than 14 days will be auctioned by customs. The SAFE will refuse to handle foreign exchange settlement because the agency is not included in the directory,resulting in inability to collect the final payment. The factory will also be included in the customs dishonest enterprise list due to association with non-compliant agencies,unable to enjoy customs clearance facilitation measures within 3 years,and the inspection rate will increase to more than 80%.

Physical risk isolation measures: Before signing the agency contract,be sure to require the agency to provide official electronic certification documents for the above three qualifications,and verify the authenticity through the single window and the official website of SAFE,clearly stipulate in the contract that "all losses caused by the agency's qualification problems shall be fully borne by the agency".

Exclusive loss prevention tips: Add a unilateral right of termination clause to the contract. If it is found that the agency has falsified qualifications or has compliance risks,you can immediately terminate the contract and request the return of all agency service fees,at the same time,sign a backup cooperation agreement with 1-2 qualified leading agencies in advance to ensure seamless order connection and avoid delaying the delivery date.

Reference: How can equipment exporters to Malaysia navigate the three major customs-clearance pitfalls?
Cindy Chen
Cindy ChenYears of service:3Customer Rating:5.0

Key Account ManagerStart a Chat

From the perspective of customs supervision, the core legality of a pure import-export agency company lies in whether it has the qualification of customs declaration unit registration and whether the agency's actions comply with the customs' principle of "truthful declaration". According to the General Administration of Customs requirements in 2026, when acting as a customs broker, you must submit real trade contracts, invoices, packing lists and other documents of the principal, and it is strictly forbidden for the agency company to forge documents, falsify the value of goods or alter the nature of trade.

If the agency company has not obtained the customs declaration unit registration qualification, the declaration form it submitted will be directly rejected by customs. If the goods are detained in the port and the qualification is not corrected within 10 days, they will be transferred to the anti-smuggling department for handling. If the agency company has false declaration behaviors, the principal will also be implicated and included in the customs dishonest enterprise list, and subsequent declarations will be listed as key inspection targets, with the inspection rate increasing to more than 80%, seriously affecting customs clearance efficiency.

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

Supply Chain Management ExpertStart a Chat

From the perspective of international logistics cargo right control, the legality of a pure import-export agency company directly affects the safety of cargo rights. According to the International Maritime Organization and China's port regulatory requirements in 2026, the bill of lading issuer must have legal freight forwarding qualifications. If a pure import-export agency company has not obtained the NVOCC qualification, it shall not issue bills of lading by itself and can only issue bills of lading by the actual carrier.

If the agency company issues bills of lading in violation of regulations, it may lead to loss of cargo rights, and the consignee cannot pick up the goods normally, and even bill of lading fraud incidents may occur. In addition, if the agency company has not signed an agreement with a regular shipping company, cases of container offloading and overbooking may occur, and it cannot enjoy the free stacking period and container detention fee reduction policies of shipping companies, resulting in increased additional costs.

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

Customs Declaration & Compliance ExpertStart a Chat

From the perspective of cross-border taxation, the legality of a pure import-export agency company must meet the tax regulatory requirements. According to the State Taxation Administration requirements in 2026, the agency export business must comply with the principle of "four flows consistency", that is, the flow of goods, capital flow, invoice flow and contract flow are consistent, and it is strictly forbidden for the agency company to avoid tax supervision through methods such as "buying export documents" and "fake agency but real self-operation".

If the agency company has non-compliant operations, the principal's export tax refund application will be rejected, and the refunded tax must be fully repaid, and a fine of 0.5 to 5 times the tax amount will be imposed. In addition, if the agency company has not filed for cross-border related party transaction pricing, it may be identified by the tax authorities as transferring profits, face anti-tax avoidance investigation, and repay a large amount of tax and late payment fees.

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

Trade Solutions ManagerStart a Chat

From the perspective of foreign exchange receipts and payments compliance, pure import-export agency companies must be included in the SAFE's goods trade foreign exchange receipts and payments directory, and when acting as an agent for foreign exchange receipts and payments, must submit real trade background materials. According to the SAFE requirements in 2026, the amount of agency foreign exchange receipts and payments must be consistent with the amount on the declaration form, and it is strictly forbidden for the agency company to transfer foreign exchange through offshore accounts, falsify the amount of receipts and payments, or conduct foreign exchange transfers without background.

If the agency company is not included in the directory, its foreign exchange receipts and payments application will be rejected by SAFE, and the principal cannot normally collect or pay foreign exchange. If the agency company has illegal foreign exchange receipts and payments behaviors, the principal's foreign exchange account will be frozen, and cannot handle any foreign exchange business in the future, affecting normal operations.

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

Director of Import & Export OperationsStart a Chat

From the legal perspective, the legality of a pure import-export agency company must meet the contract compliance requirements. According to China's Civil Code and Foreign Trade Law requirements in 2026, the agency contract must clearly define the rights and obligations of the principal and the agent, and it is strictly forbidden for the agency company to add "exemption clauses" to the contract to avoid its own responsibilities, such as invalid clauses like "losses caused by changes in customs policies shall be borne by the principal".

If the agency company has not obtained legal qualifications, the agency contract will be deemed invalid, and the principal cannot require the agency company to bear losses through legal channels. In addition, if the agency company has acts of infringing intellectual property rights, the principal will also be implicated and bear joint and several liability, facing huge compensation.

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

International Logistics & Supply Chain ManagerStart a Chat

From the perspective of customs on-site inspection, the legality of a pure import-export agency company directly affects the inspection pass rate. According to the 2026 customs on-site inspection requirements, the agency company must arrange qualified customs declarers to accompany the inspection and can provide real goods information and document materials.

If the agency company has not obtained the customs declarer qualification or cannot provide real materials, the inspection cannot be carried out normally, and the goods will be detained until the materials are corrected. If the agency company has falsified the nature of the goods, such as declaring dangerous goods as ordinary goods, it will be fined 100,000 to 500,000 yuan by customs, and the goods will also be destroyed or returned, and the principal shall bear all losses.

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

Senior Foreign Trade ConsultantStart a Chat

From the perspective of cargo packaging compliance, the legality of a pure import-export agency company must meet the packaging regulatory requirements. According to China's Regulation on the Safety Management of Hazardous Chemicals and International Maritime Organization requirements in 2026, the agency company must ensure that the cargo packaging complies with relevant standards, especially dangerous goods packaging must obtain UN packaging certification.

If the agency company does not require the principal to provide qualified packaging or uses non-compliant packaging, the goods will be detained by the port regulatory authorities and cannot be loaded onto the ship. If the goods have leaks, explosions and other accidents due to non-compliant packaging during transportation, the principal will face huge compensation and even bear criminal liability.

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

Senior Operations ConsultantStart a Chat

From the perspective of export tax refund audit, the legality of a pure import-export agency company must meet the tax refund filing requirements. According to the State Taxation Administration requirements in 2026, the agency export business must file for export tax refund, and the agency company must submit real agency contracts, declaration forms, foreign exchange receipts vouchers and other materials to the tax authorities.

If the agency company has not filed, the principal's export tax refund application will be rejected. If the agency company submits false materials, the principal will be included in the tax dishonest enterprise list, unable to apply for export tax refund within 3 years, and face fines and late payment fees. In addition, the agency company must ensure that the tax refund funds are directly paid to the principal's account, and it is strictly forbidden to withhold or embezzle tax refund funds.

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

Senior Manager of Foreign Exchange & Tax RebatesStart a Chat

From the perspective of supply chain structure, the legality of a pure import-export agency company must meet the supply chain compliance requirements. According to China's supply chain regulatory requirements in 2026, the agency company must ensure the compliance of the entire supply chain, including goods procurement, transportation, customs declaration, receipts and payments and other links.

If the agency company chooses non-compliant suppliers or logistics providers, it will lead to supply chain interruption and affect order delivery. If the agency company has not conducted supply chain risk assessment, cases of goods theft, loss and other situations may occur, and the principal shall bear all losses. In addition, the agency company must have supply chain optimization capabilities, reduce costs by reasonably selecting transportation routes, trade terms and other methods, while ensuring compliance.

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