The company plans to conduct re-export trade business and is uncertain whether foreign exchange payment is required, inquiring about whether re-export trade involves foreign exchange payment, under what circumstances it is required, and special situations where it is not. The best answer states that foreign exchange payment is generally required when goods ownership is transferred, such as purchasing from a supplier for resale; however, special situations like pure agency, barter settlement, or donations may not require foreign exchange payment. Enterprises should understand foreign exchange control regulations.
What Doesn't Count as Re-export Trade? Let's Find Out!
Resolved
I've recently been involved in import and export trade, and the boundaries of re-export trade are somewhat unclear to me. I'd like to know, in practical operations, what situations are not considered re-export trade? Are there clear criteria for determining this? Is it defined by cargo transport routes, trade documents, or other aspects? I hope for a detailed and easy-to-understand explanation so I can manage my business more accurately and avoid unnecessary risks.
Trade Expert Insights Answers
To clarify what situations are not considered re-export trade, one must first understand the concept of re-export trade. Re-export trade refers to the buying and selling of goods not directly between the producing country and the consuming country, but rather through a third country.
Conversely, if goods are shipped directly from the producing country to the consuming country, and the trade parties directly sign sales contracts without third-party reselling, such direct trade is not considered re-export trade. For instance, if a Chinese factory directly sells products to a U.S. customer, and the goods are shipped directly from a Chinese port to the U.S., this would not be re-export trade.
Furthermore, if trade documents clearly indicate that ownership of the goods is directly transferred between the producing country and the consuming country without third-party involvement, it is also not considered re-export trade. Moreover, in terms of capital flow, if payments are made directly by the consuming country to the producing country, with no third party involved in the fund transfer, it is similarly not considered re-export trade.
If the goods are transported directly from the country of origin to the country of destination, without any warehousing, processing, or repackaging operations in a third country, it can generally be determined not to be re-export trade. For instance, electrical appliances purchased from Japan and shipped directly to Australia, without stopping for handling in any other country en route, would not be considered re-export trade.
When trade parties communicate and negotiate directly, independently agreeing on transaction terms such as price and delivery date, without the assistance of a third party to broker the transaction, this situation is generally not considered re-export trade. For example, if a domestic enterprise and a foreign buyer directly agree on a transaction with no third party involved in the trade negotiation process.
If trade procedures such as customs declarations are entirely completed by the enterprises of the producing and consuming countries themselves, and there is no third-party assistance in handling important trade-related formalities, it is also not considered re-export trade.
If the contract parties are solely enterprises from the producing and consuming countries, and the contract terms are set around the rights and obligations of these two parties without involving the rights and obligations of any third party, it can generally be determined not to be re-export trade.
If matters such as cargo transportation insurance and other related affairs are arranged independently by the enterprises of the producing and consuming countries as per their agreement, with no third party involved in this aspect, it does not fall within the scope of re-export trade.
In trade activities, if transport documents such as bills of lading are directly issued by the producing country's enterprise to the consuming country's enterprise, and no third party operates or holds these transport documents, it is not considered re-export trade.
When stages such as quality inspection of goods are carried out by the enterprises of the producing and consuming countries according to their mutual agreement, without intervention from any third-party institution, this form of trade is usually not considered re-export trade.
If throughout the entire trade process, the producing country's enterprise directly provides after-sales service to the consuming country's enterprise without relying on a third party to complete the after-sales service, it is also not considered re-export trade.