Paragraph 10 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Paragraph 10.05 of the Foreign Trade Policy, 2023 reaches items that are not on the SCOMET list. If the exporter has been told in writing by DGFT, or knows or has reason to believe that the item carries a risk of use in or diversion to weapons of mass destruction, missile systems or military end use, the export can be denied or allowed only against a licence. Paragraphs 10.05 and 10.07 of the Handbook of Procedures give the procedure and a note on "military use".
An item not covered by the SCOMET list may still be regulated under the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005. The control applies where the exporter is notified in writing by DGFT or knows or has reason to believe that the item has a potential risk of use in or diversion to weapons of mass destruction, a missile system or military end use. The export then may be denied or permitted subject to the grant of a licence. The Handbook says the exporter shall apply for a SCOMET authorisation.
This article is based on the chapter-wise text of the Foreign Trade Policy, 2023 published on the DGFT website, as consulted on 2 October 2026; the copy carries no "updated up to" date. The procedure is taken from Chapter 10 of the Handbook of Procedures, 2023 as published on the DGFT website (file of July 2026), consulted on 2 October 2026. Later Notifications, Public Notices and Trade Notices should be checked before acting. The Policy is made under section 5 of the Foreign Trade (Development and Regulation) Act, 1992; see our article on section 5 of the FTDR Act. Chapter 10 rests on Chapter IVA of that Act, and the catch-all power is explained in our article on sections 14C to 14E of the FTDR Act. If you think an export may fall under this paragraph, our restricted items import-export licence team can help you decide how to proceed.
What paragraph 10.05 of the Policy says
The heading is "Additional controls on Non-SCOMET items for dual use (Catch-all controls)". The paragraph has two sentences of substance.
First: export of items not in the SCOMET list "may also be regulated" under the 2005 Act. The word "also" matters: the catch-all is an addition to the list-based control of paragraph 10.02, not a replacement for it. This article names the 2005 Act as the paragraph does and explains no part of it, and it states no penalty from it.
Second: if the exporter has been notified in writing by DGFT, or "he knows or has reason to believe", that an item not covered in the SCOMET list "has a potential risk of use in or diversion to weapons of mass destruction (WMD) or in their missile system or military end use (including by terrorists and non-state actors)", the export of that item "may be denied or permitted subject to the grant of a license". The licence is dealt with under the procedure for SCOMET items in paragraphs 10.05 and 10.06 of the Handbook.
The three triggers
| Trigger | What the exporter must have | Source |
|---|---|---|
| Notice | A written notification from DGFT | Policy 10.05; Handbook 10.05 |
| Knowledge | The exporter knows of the risk | Policy 10.05; Handbook 10.05 |
| Reason to believe | The exporter has reason to believe in the risk | Policy 10.05; Handbook 10.05 |
The first trigger is an outside act: DGFT writes to the exporter. The second and third turn on the exporter's own state of mind. "Reason to believe" is wider than knowledge, since it can arise from what the exporter has been told or from facts in front of it, even if it has not drawn the conclusion. The paragraph gives no list of red flags, no definition of reason to believe and no time within which the exporter must act. This article adds none.
Three kinds of risk
The risk named is of use in or diversion to:
- weapons of mass destruction;
- their missile systems; or
- military end use, including by terrorists and non-state actors.
The paragraph says "use in or diversion to", so it covers both the original end use of the item and its being passed on to some other user.
Procedure under the Handbook
Paragraph 10.05
The Handbook repeats the triggers, with a change of verb. If the exporter has been notified in writing by DGFT or knows or has reason to believe that a non-listed item has the risk described, "he shall apply for a SCOMET authorisation". The export "may be denied or permitted as per the procedure provided for SCOMET items in Paragraph 10.06 of HBP". That is the Inter Ministerial Working Group procedure explained in our article on paragraphs 10.04 and 10.09.
The Handbook adds a Note: "Military use" shall mean incorporation into items listed under SCOMET Category 6 or the use, development or production of military items listed in that category. An exporter who is going to export or transfer items regulated under the catch-all controls "is required to obtain a SCOMET license from DGFT". The IMWG examines such applications, filed in the prescribed proforma ANF 10A with the relevant documents, in terms of paragraph 10.06 of the Handbook.
The words "shall apply" move the catch-all from an observation to a duty. An exporter who has the knowledge or reason to believe cannot ship the item first and ask afterwards.
Paragraph 10.07
Paragraph 10.07 of the Handbook is headed with an applicability of the Weapons of Mass Destruction Act. It repeats that export of items not on the SCOMET list may also be regulated under the 2005 Act. It adds no procedure.
What the paragraph does not say
- It does not say which items are caught; that depends on the facts known to the exporter and on any notice from DGFT.
- It does not say that every export of a non-listed item needs a licence. Without a trigger, the catch-all does not apply on the words of the paragraph.
- It does not state a penalty. The consequences of breach come from the Act and the 2005 Act, which are not reproduced here; the offences and the licence-suspension powers of the FTDR Act are in our article on sections 14C to 14E.
- It gives no view on any particular product or buyer.
An example
Nila Tools Private Limited, an invented exporter of general machine tools that are not on the SCOMET list, receives an enquiry from a buyer whose stated end use is unclear and whose delivery address is a forwarding agent. The exporter has no letter from DGFT. If the exporter has reason to believe that the tools may be diverted to a missile programme or military end use, the Handbook says it shall apply for a SCOMET authorisation, and the IMWG will decide whether to deny or permit the export. If it ships without applying, it has acted against paragraph 10.05 of the Handbook. If the exporter has no such reason, the paragraph does not require an application. The exporter should still record how it assessed the buyer, since the test is its knowledge and reason to believe.
Need help with a catch-all question?
Where the end use or the buyer raises a doubt, a short written assessment and a proper application protect the exporter. Our restricted items import-export licence team can review your facts and prepare the application.
Key takeaways
- Paragraph 10.05 applies to items not in the SCOMET list; it is an addition to the list-based control.
- Three triggers: written notice from DGFT, knowledge, or reason to believe.
- The risk is of use in or diversion to WMD, a missile system or military end use.
- The export may be denied or permitted subject to a licence; the Handbook says the exporter shall apply for a SCOMET authorisation.
- Military use in the Handbook note means incorporation into Category 6 items or use, development or production of military items in that category.
Read next
- Paragraphs 10.06 and 10.07 of the Foreign Trade Policy, 2023: SCOMET supplies to SEZ or EOU and export of imported items
- Paragraph 10.08 of the Foreign Trade Policy, 2023: types and validity of SCOMET authorisations
- Paragraphs 10.04 and 10.09 of the Foreign Trade Policy, 2023: SCOMET export authorisation, application and the IMWG
- SCOMET export controls and the catch-all provision
Disclaimer: Based on the chapter-wise text of the Foreign Trade Policy, 2023 and the Handbook of Procedures, 2023 published on the DGFT website, and on the later Notifications named in this article, as consulted on 2 October 2026. The copies carry no "updated up to" date. Notifications, Public Notices, Trade Notices, the ITC(HS) schedules, Appendices and forms change often; the current text on the DGFT website should be checked before acting. This article is general information, not legal advice; check the official text before acting.