When it comes to export control, most companies think of control lists: is my product on it or not? The catch-all clause shows that this question is not always enough. Even a product that does not appear on any list can become subject to a licence — depending on what you know, or should have known, about its end use.
What does the catch-all clause involve?
The catch-all clause, laid down in the EU Dual-Use Regulation, requires an exporter to apply for a licence for non-listed items when they:
- are intended for use in connection with the development, production or deployment of chemical, biological or nuclear weapons, or missiles capable of delivering such weapons;
- are intended for a military end use in a country subject to an arms embargo;
- or when the competent authority has informed the exporter that the items are intended, in whole or in part, for such a use.
The key point: the clause is not tied to the technical specifications of the product, but to knowledge or a reasonable suspicion about its end use.
Why this clause is often overlooked
Companies that set up their export control process solely around checking product codes against control lists will structurally miss this risk. The catch-all clause calls for a different reflex: staying alert to signals about the customer, the destination and the stated end use, even when the product itself gives no cause for concern.
It is also characteristic that responsibility does not only arise at the moment an authority actively informs you. "Knowing or suspecting" is a lower threshold: signals that justify a reasonable suspicion may already be enough to trigger the licensing requirement.
Signals that call for extra attention
- A customer asking unusually detailed technical questions that do not fit the stated application.
- An end use that remains vague or does not convincingly fit the buyer's profile.
- A destination with an elevated risk of diversion to an embargoed country.
- A buyer who is unusually reluctant to discuss the ultimate use or the end user.
- A transaction that does not make financial or logistical sense for the stated application.
Example from practice
A manufacturer of precision components, not classified as dual-use, receives an order from a trading company that says it will use the components for "general industrial applications". However, the specifications ordered (heat resistance, tolerances) fit better with use in guidance systems than with the stated civilian application. This kind of mismatch between specification and stated use is exactly the type of signal the catch-all clause targets.
Frequently asked questions
Does the catch-all clause apply to all products?
In principle, to all non-listed goods, software and technology — the clause is specifically intended as a safety net for what falls outside the regular control lists.
Who decides whether there is a "suspicion"?
In practice, the initial assessment lies with the exporter itself. In case of doubt, the competent national authority can be consulted about the procedure to follow.
What if I discover afterwards that an earlier delivery should have fallen under the catch-all clause?
This calls for careful legal consideration, and it is a situation in which acting quickly and on a well-founded basis limits the risk of further problems.
TradeRisk helps companies recognise catch-all risks within export control and dual-use questions. Also read more about when you need an export licence and 10 red flags for international end users.