Export agentWhat actions by a company may lead to administrative penalties?

According to the "Regulations of the People's Republic of China on the Implementation of Customs Administrative Penalties" and the latest 2025 amendment to the "Foreign Trade Law," the following three scenarios are the most common:

• Falsifying trade information: Including incorrect HS code classification, under-declaration of goods value exceeding 10%, and discrepancy between the declared product name and the actual goods.
• Export declaration operations: Using the name of a third-party company to declare exports, typically exemplified by the "four self and three no-see" business model.
• Abnormal fund transactions：Amount of foreign exchange receipts and paymentscustoms clearanceThe amount discrepancy exceeds 5%, or the foreign exchange verification is not completed within 90 days.

A foreign trade agency company in the Yangtze River Delta region was fined 15% of the cargo value (approximately 370,000 yuan) in 2023 for 12 consecutive misreports of textile composition ratios. This case is still cited as a typical example by the General Administration of Customs.

What specific penalty measures does Customs impose on non-compliant agents?

In 2025, the General Administration of Customs strengthened the "progressive penalty" mechanism:

• First violation: Written warning + fine of up to 30,000 yuan.
• Annual cumulative 3 times: Suspend customs declaration privileges for 30-90 days + fine of 50,000-200,000 yuan
• Major Violations:
  • Money laundering/goods laundering operation: A fine of 1-3 times the illegal gains shall be imposed.
  • Involving prohibited import and export goods: Revocation of customs declaration qualification
  • Constitutes the crime of smuggling: transferred to judicial authorities for criminal liability investigation.

Can an agency company be permanently revoked of its foreign trade qualification?

According to Article 60 of the Foreign Trade Law, circumstances that may trigger the revocation of qualifications include:

• Having received more than three administrative penalties from customs within two years.
• A single violation involves goods worth over 5 million yuan.
• Assist clients in cross-border money laundering or evasion of foreign exchange.
• Forgery or alteration of import or export licenses.

It is worth noting that according to the new regulations issued by the Ministry of Commerce in 2025, enterprises whose qualifications have been revoked will have their legal representatives and major shareholders barred from reapplying for foreign trade operation rights for five years.

How to avoid legal risks in agency cooperation?

It is recommended that enterprises establish a three-tier risk prevention and control mechanism:

• Preliminary review: Check the customs AEO certification status and administrative penalty records of the agency company.
• Process Monitoring: Request the agency to provide for each order:
  • Copy of the complete customs declaration form
  • Bank receipt for foreign exchange payment and receipt
  • Logistics Tracking Voucher
• Following afterwards: Retain all business communication records for at least 5 years, and it is recommended to adopt blockchain notarization technology.

What compliance details should be considered when selecting a foreign trade agent?

Based on our experience serving Fortune 500 companies, high-quality agents should possess:

• ISO 37301 Compliance Management System Certification
• An independent legal compliance department (with no fewer than 3 certified compliance officers)
• Purchase professional liability insurance (the recommended coverage amount should not be less than 5 million yuan).
• Implement the three-review and three-check system: contract review, document review, and fund review.

A listed manufacturing enterprise successfully avoided seven potential compliance incidents in 2024 by implementing an agency risk assessment matrix, reducing direct economic losses by approximately 12 million yuan.