Who is responsible for payment when importing through a quota agent?

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Our company plans to import a batch of goods through a quota agent and is currently confused about the payment issue. We would like to know in this situation, whether we, the principal, should make the payment, or the quota agent? Are there any regulations or special points to note regarding this? We hope to receive a professional answer so that we can clarify how to proceed and avoid unnecessary trouble.
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In quota agent import business, whoever signs the contract with the overseas party is usually responsible for making the payment. If the quota agent signs the import contract in their own name, then generally the quota agent will make the payment. This is because in such cases, the agent is the subject of the contract and has a direct trade relationship with the overseas exporter.

If the principal signs the contract independently and only borrows the agent's quota, then the payment responsibility may lie with the principal. However, regardless of the situation, national foreign exchange management regulations must be strictly followed. Before operating, it is best for the company to clarify the payment responsibility with the agent to avoid subsequent disputes. At the same time, when making the payment, relevant trade documents such as contracts, invoices, bills of lading, etc., should be prepared to facilitate the smooth completion of the payment procedures.

References: Why Are Mechanical Import Customs Declaration Agency Fees So High?

Generally, it's based on the trade contract relationship. If the agent signs the contract, the agent makes the payment, which is convenient for operations and responsibility demarcation.

If the principal wants to make the payment themselves, they need to negotiate with the agent in advance, and it must comply with foreign exchange management requirements.

Sometimes it also depends on how the two parties negotiate. If it is agreed that the principal will make the payment and the agent will assist in providing relevant information, it may also be feasible.

Payment also needs to consider tax issues. Different payment subjects may have an impact on tax treatment.

From a foreign exchange supervision perspective, it is necessary to ensure that the payment behavior is compliant and that all documents are complete.

Regardless of who makes the payment, a complete set of trade vouchers must be kept for inspection.

In actual business operations, both parties need to communicate fully and determine the paying party in a manner that is conducive to business development and compliant.

Pay attention to the payment time, which must comply with the contract terms and foreign exchange management regulations to avoid delays.

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

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