How to safely collect foreign exchange for agency export? What legal risks exist in the foreign exchange collection process? Interpretation of the latest policies in 2025

Must agency exports be through an agency company?A complete export agency agreement should be attached with:According to Document No. 38 of the State Administration of Foreign Exchange in 2025,

when a manufacturing enterprise entrusts an agency for export, there are two legal ways for the foreign exchange collection path:Method 1: Overseas funds are directly remitted into the foreign exchange account of the agency company

• A tri - party payment and foreign exchange collection agreement needs to be signed
  • The agency company must complete RMB settlement within 15 working days after collecting foreign exchange
  • Method 2: The customer collects foreign exchange through its own offshore account
• Complete agency export certification documents need to be provided
  • The foreign exchange declaration needs to mark the transaction nature of agency export,
  • Three key links that the tax inspection will focus on in 2025:

How can an agency collecting foreign exchange avoid tax risks?

The matching degree of the capital flow and the goods flow (original bills of lading and customs declarations need to be retained)

• Payment vouchers for service fees (it is recommended to use bank transfer and note agency service fees)Maritime TransportationThe retention period of foreign exchange verification documents (now adjusted to 5 years after the completion of the transaction)
• According to the current policies, the association rules between the foreign exchange collection period and
• General trade: The foreign exchange must be collected at the latest before the deadline for VAT tax declaration in April of the year following the export

Will a too - long foreign exchange collection period affect tax rebates?

: The 9810 supervision code can be applied, allowing the foreign exchange to be collected within 180 days after the goods are put into the warehouseExport DrawbackRelevant Rules:

• General Trade: The foreign exchange must be collected before the deadline for VAT tax declaration in April of the following year after export at the latest.
• Cross-border E-commerce: The 9810 supervision code can be applied, allowing the foreign exchange to be collected within 180 days after the goods are put into the warehouse.
• Special cases: For deferred foreign exchange collection caused by war/sanctions, a force majeure certificate needs to be submitted.

What should be done if the agency company misappropriates the payment for goods?

Three - layer risk prevention and control mechanism recommended:

• Fund supervision: Require the agency company to open a jointly - managed account in a designated bank.
• Document control: Send the original bill of lading directly to the actual consignor.
• Insurance coverage: Insure the agent risk clause in the Export Credit Insurance Corporation (ECIC).

What are the new changes in foreign exchange control in 2025?

Three policies that are mainly adjusted this year:

• Cross - border RMB settlement: The scope of pilot enterprises is expanded to small and medium - sized enterprises with an annual export volume of less than $5 million.
• Foreign exchange monitoring: For foreign exchange collection of over $500,000 per transaction, the source of funds needs to be reported in advance.
• Digital currency: Cross - border trade settlement through digital RMB is allowed (in pilot areas).

How to choose a reliable agency company for collecting foreign exchange?

Five key dimensions of qualification review:

• Business years: It is recommended to choose enterprises that have been established for more than 5 years.
• Industry certification: It is required to have AEO customs certification and Class A enterprise qualification of the State Administration of Foreign Exchange.
• Financial strength: The registered capital should not be less than RMB 5 million.
• Cooperation cases: Recommendation letters from customers in the same industry are required.
• Risk control system: Check whether a professional trade compliance team is equipped.

How is it reasonable to calculate the handling fee for agency collection of foreign exchange?

Reference for industry charging standards in 2025:

• Basic service fee: 0.5% - 1.2% (calculated based on the amount of foreign exchange collection).
• Additional fees:
  • Long - termIn order to crack down on tax evasion, the customs and tax departments are now strictly examining the operation of buying export declarations. If the behavior of buying export declarations is discovered, the regulatory authorities will require tax replenishment (even a 2% tax rate may be a considerable amount). In addition, fines may also be imposed on the relevant responsible parties.: An additional 0.3% risk premium is charged.
  • Multi - currency settlement: An additional RMB 200 per transaction is charged for each currency.
• Warning against illegal charging: Be vigilant against agency companies that require tax - inclusive or export with purchased forms.

How should the situation of inconsistent amounts be handled after collecting foreign exchange?

Response strategies in different situations:

• Differences in bank charges: Require the agency company to provide SWIFT messages.
• Exchange rate conversion errors: Refer to the middle price announced by the China Foreign Exchange Trade System.
• Malicious deduction: Immediately report to the local State Administration of Foreign Exchange (Reporting hotline: 12363).