How to resolve issues with an agent's export not settling foreign exchange? Seek advice!

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Our company engaged an agent for export business and is now facing a problem: the agent is not settling foreign exchange after the export. We are unclear about the reasons behind this and how to handle it. We would like to ask for advice on how to approach resolving a situation where an agent does not settle foreign exchange for exports. Are there any effective methods to protect our rights and ensure the agent smoothly completes the settlement process? We hope experienced individuals can offer some suggestions.
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When encountering a situation where an agent does not settle foreign exchange for exports, first review the agency agreement to clarify the rights and obligations of both parties regarding foreign exchange settlement. If the agent violates the agreement, you can hold them accountable based on its terms.

Next, communicate with the agent to understand the reasons for not settling foreign exchange. If it's due to issues like cash flow problems, negotiate a solution. If there are disputes, try to resolve them through negotiation.

If communication yields no results, seek assistance from regulatory authorities, such as the local commerce department or the State Administration of Foreign Exchange. They can urge the agent to resolve the issue in accordance with regulations. Simultaneously, gather relevant evidence, including contracts, business transaction records, etc., to prepare for potential legal proceedings. Litigation is a last resort, and although time-consuming and resource-intensive, it can effectively protect your rights.

References: Agent Export Collection? Do You Really Understand the Ins and Outs?

Check if there are any problems with the export process, such as incorrect customs declaration data or incomplete documentation, which may prevent the bank from settling foreign exchange normally. Urge the agent to resolve these process issues promptly.

See if the agent has a misunderstanding of the foreign exchange settlement policy. Study the current settlement policies together with the agent. If there is indeed a misunderstanding, correct it promptly and complete the settlement according to the correct policy requirements.

You can indirectly inquire about the agent's financial situation. If they are experiencing financial difficulties, consider extending the settlement period appropriately or require collateral to ensure smooth settlement later.

Inquire about the agent's reputation within the industry. If other companies have encountered similar situations, seek their advice and learn how they resolved them, and apply effective methods.

If the agent is not settling foreign exchange due to issues with their partner bank, negotiate to change to a reliable partner bank to ensure smooth foreign exchange settlement.

Send a formal letter to the agent, clearly stating that their failure to settle foreign exchange is improper, setting a deadline for settlement, and indicating that further measures, such as legal action, will be taken if the deadline is missed.

Consider involving a third-party mediation agency, such as an industry association, to mediate and facilitate an agreement between both parties to resolve the foreign exchange settlement issue.

Confirm if there are any problems with the goods during transportation, such as damage or loss, which may affect foreign exchange settlement. Address any issues with the goods promptly to facilitate settlement.

User-submitted questions and answers reflect personal opinions, not the official stance of this website.

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