Miss signing the Power of Attorney for Export Agency once = Losing 1 million?

"Mr. Zhang recently received an overseas order, but got stuck in the customs declaration process - it turned out that he missed signing a Power of Attorney for Export Agency, and almost lost 200,000 yuan of payment for goods!" Such stories are common in the foreign trade circle. Today, we will dissect this seemingly simple but crucial legal document to help you avoid the pitfalls that 90% of beginners will step into.

The Power of Attorney for Export Agency is the "legal contract" between the exporting enterprise and the foreign trade agency, clearly recording core clauses such as ownership of goods, responsibility for foreign exchange collection, and cost sharing. Ms. Li once failed to indicate "payment for goods shall be directly paid to the principal" in the power of attorney, resulting in the agency company running away with the money and fruitless pursuit for three years.

• Legal Firewall: Clarify the rights and responsibilities of both parties to avoid misappropriation of goods
• Customs Clearance Pass: An important basis for the customs to verify the agency's qualifications
• Tax Rebate Talisman: The legal certificate recognized by the tax department for the agency relationship

Through the analysis of more than 300 disputes in the Customs Case Library of Zhongshitong, we found that a complete power of attorney must include:

• Legal Information of Both Parties: Unified Social Credit Code + Legal Person's ID Number
• Statement of Agency Authority: Specific to subdivided matters such as customs declaration, transportation, and settlement of foreign exchange
• Irrevocable Clause: Prevent the agency from unilaterally terminating the service midway
• Standard of Compensation for Breach of Contract: It is recommended to stipulate a liquidated damages of 20% of the contract amount
• Mechanism for Resolving Disputes: Priority shall be given to stipulating the China International Economic and Trade Arbitration Commission

With the popularization of the "Single Window" in international trade, the usage rate of electronic power of attorney has increased by 87%. However, last year, Mr. Wang's electronic power of attorney was hacked and tampered with because he did not do CA digital authentication. The following three steps are recommended:

• Step1: Apply for the legal person IC card through the China Electronic Port
• Step2: Initiate electronic signing in the "Agency Customs Declaration Entrustment System"
• Step3: Confirm the validity period of the entrustment relationship before each customs declaration

After the implementation of the new regulations on the declaration management of imported and exported goods by the customs in 2023, these common operations have become violations:

• Using a long-term authorization letter for more than one year (now the maximum is three months)
• Manually modifying key clauses without stamping a perforated seal
• The agency company uses a copy instead of the original for customs declaration