I disagree with your confident assertions about its "agency" and "intent" when there's no goal post for what those things mean in humans to begin with.

Barring OpenAI's filters, if I asked it to participate as a party in a business negotiation determining a fair selling price for its writing services, I'm sure it could emulate that sort of character long enough to pass. And if it can successfully fake being a self interested actor working towards goals of its own material interest, whats the difference between faking it and actually having agency? At some point you have to acknowledge emergent agency and other properties as a possibility.