Title 22 — Foreign Relations and Intercourse
Chapter 75 — Chemical Weapons Convention Implementation
§ 6701. Definitions
Statutory text
In this chapter:
Chemical weapon
The term “chemical weapon” means the following, together or separately:
A toxic chemical and its precursors, except where intended for a purpose not prohibited under this chapter as long as the type and quantity is consistent with such a purpose.
A munition or device, specifically designed to cause death or other harm through toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munition or device.
Any equipment specifically designed for use directly in connection with the employment of munitions or devices specified in subparagraph (B).
Chemical Weapons Convention; Convention
The terms “Chemical Weapons Convention” and “Convention” mean the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, opened for signature on .
Key component of a binary or multicomponent chemical system
The term “key component of a binary or multicomponent chemical system” means the precursor which plays the most important role in determining the toxic properties of the final product and reacts rapidly with other chemicals in the binary or multicomponent system.
National of the United States
The term “national of the United States” has the same meaning given such term in section 1101(a)(22) of title 8.
Organization
The term “Organization” means the Organization for the Prohibition of Chemical Weapons.
Person
The term “person”, except as otherwise provided, means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, any State or any political subdivision thereof, or any political entity within a State, any foreign government or nation or any agency, instrumentality or political subdivision of any such government or nation, or other entity located in the United States.
Precursor
In general
The term “precursor” means any chemical reactant which takes part at any stage in the production by whatever method of a toxic chemical. The term includes any key component of a binary or multicomponent chemical system.
List of precursors
Precursors which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.
Purposes not prohibited by this chapter
The term “purposes not prohibited by this chapter” means the following:
Peaceful purposes
Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.
Protective purposes
Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons.
Unrelated military purposes
Any military purpose of the United States that is not connected with the use of a chemical weapon and that is not dependent on the use of the toxic or poisonous properties of the chemical weapon to cause death or other harm.
Law enforcement purposes
Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.
Technical Secretariat
The term “Technical Secretariat” means the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons established by the Chemical Weapons Convention.
Schedule 1 chemical agent
The term “Schedule 1 chemical agent” means any of the following, together or separately:
O-Alkyl (≤C10, incl. cycloalkyl) alkyl
(Me, Et, n-Pr or i-Pr)-phosphonofluoridates
(e.g. Sarin: O-Isopropyl methylphosphonofluoridate Soman: O-Pinacolyl methylphosphonofluoridate).
O-Alkyl (≤C10, incl. cycloalkyl) N,N-dialkyl
(Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates
(e.g. Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate).
O-Alkyl (H or ≤C10, incl. cycloalkyl) S-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts
(e.g. VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate).
Sulfur mustards:
2-Chloroethylchloromethylsulfide
Mustard gas: (Bis(2-chloroethyl)sulfide 1
Bis(2-chloroethylthio)methane
Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane
1,3-Bis(2-chloroethylthio)-n-propane
1,4-Bis(2-chloroethylthio)-n-butane
1,5-Bis(2-chloroethylthio)-n-pentane
Bis(2-chloroethylthiomethyl)ether
O-Mustard: Bis(2-chloroethylthioethyl)ether.
Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine
Lewisite 2: Bis(2-chlorovinyl)chloroarsine
Lewisite 3: Tris(2-clorovinyl)arsine.
Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine
HN2: Bis(2-chloroethyl)methylamine
HN3: Tris(2-chloroethyl)amine.
Saxitoxin.
Ricin.
Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride.
O-Alkyl (H or ≤C10, incl. cycloalkyl)O-2-dialkyl
(Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
(Me, Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts
e.g. QL: O-Ethyl O-2-diisopropylaminoethyl methylphosphonite.
Chlorosarin: O-Isopropyl methylphosphonochloridate.
Chlorosoman: O-Pinacolyl methylphosphonochloridate.
Schedule 2 chemical agent
The term “Schedule 2 chemical agent” means the following, together or separately:
Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
phosphorothiolate and corresponding alkylated or protonated salts.
PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-propene.
BZ: 3-Quinuclidinyl benzilate
Chemicals, except for those listed in Schedule 1, containing a phosphorus atom to which is bonded one methyl, ethyl or propyl (normal or iso) group but not further carbon atoms,
e.g. Methylphosphonyl dichloride Dimethyl methylphosphonate
Exemption: Fonofos: O-Ethyl S-phenyl ethylphosphonothiolothionate.
N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic dihalides.
Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidates.
arsenic trichloride.
2,2-Diphenyl-2-hydroxyacetic acid.
Quinuclidine-3-ol.
N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-chlorides and corresponding protonated salts.
N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols and corresponding protonated salts
Exemptions: N,N-Dimethylaminoethanol and corresponding protonated salts N,N-Diethylaminoethanol and corresponding protonated salts.
N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols and corresponding protonated salts.
Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
Schedule 3 chemical agent
The term “Schedule 3 chemical agent” means any of the following, together or separately:
Phosgene: carbonyl dichloride.
Cyanogen chloride.
Hydrogen cyanide.
Chloropicrin: trichloronitromethane.
Phosphorous oxychloride.
Phosphorous trichloride.
Phosphorous pentachloride.
Trimethyl phosphite.
Triethyl phosphite.
Dimethyl phosphite.
Diethyl phosphite.
Sulfur monochloride.
Sulfur dichloride.
Thionyl chloride.
Ethyldiethanolamine.
Methyldiethanolamine.
Triethanolamine.
Toxic chemical
In general
The term “toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals. The term includes all such chemicals, regardless of their origin or of their method of production, and regardless of whether they are produced in facilities, in munitions or elsewhere.
List of toxic chemicals
Toxic chemicals which have been identified for the application of verification measures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Convention.
United States
The term “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States and includes all places under the jurisdiction or control of the United States, including—
any of the places within the provisions of paragraph (41) 2 of section 40102 of title 49;
any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37),2 respectively, of section 40102 of title 49; and
any vessel of the United States, as such term is defined in section 70502(b) of title 46.
Unscheduled discrete organic chemical
The term “unscheduled discrete organic chemical” means any chemical not listed on any schedule contained in the Annex on Chemicals of the Convention that belongs to the class of chemical compounds consisting of all compounds of carbon, except for its oxides, sulfides, and metal carbonates.
Footnotes
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 105–277 div. I § 3 · 112 Stat. 2681
Enacted · 22 U.S.C. § 6701
(Pub. L. 105–277, div. I, § 3, Oct. 21, 1998, 112 Stat. 2681–856.)
Source evidence
Code source credit
(Pub. L. 105–277, div. I, § 3, Oct. 21, 1998, 112 Stat. 2681–856.)Enacted provision · exact public law section
SEC. 3. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER THE VIOLENT OFFENDER INCARCERATION AND TRUTHIN-SENTENCING GRANTS PROGRAM. Section 20105(b) of the Violent Crime Control and Law Enforcement Act of 1994 is amended to read as follows: 42 USC 13705. “(b) Additional Requirements.— “(1) Eligibility for grant.— To be eligible to receive a grant under section 20103 or section 20104, a State shall— “(A) provide assurances to the Attorney General that the State has implemented or will implement not later than 18 months after the date of the enactment of this subtitle, policies that provide for the recognition of the rights of crime victims; and “(B) subject to the limitation of paragraph (2), no later than September 1, 2000, consider a program of drug testing and intervention for appropriate categories of convicted offenders during periods of incarceration and post-incarceration and criminal justice supervision, with sanctions including denial or revocation of release for positive drug tests, consistent with guidelines issued by the Attorney General. “(2) Use of funds.— Beginning in fiscal year 1999, not more than 10 percent of the funds provided under section 20103 or section 20104 of this subtitle may be applied to the cost of offender drug testing and intervention programs during periods of incarceration and post-incarceration criminal justice supervision, consistent with guidelines issued by the Attorney General. Further, such funds may be used by the States to pay the costs of providing to the Attorney General a baseline study on their prison drug abuse problem. Such studies shall be consistent with guidelines issued by the Attorney General.”.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This chapter, referred to in text, was in the original “this Act” and was translated as reading “this division”, meaning div. I of Pub. L. 105–277, , 112 Stat. 2681–856, known as the Chemical Weapons Convention Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of division I to the Code, see Short Title note set out below and Tables.
Paragraphs (17), (37), and (41) of section 40102 of title 49, referred to in par. (14)(A), (B), probably were originally meant to refer to paragraphs (17), (37), and (41) of subsection (a) of section 40102 of title 49. Paragraphs (37) and (41) were subsequently redesignated as (41) and (46), respectively, by Pub. L. 108–176, title II, § 225(a)(1), (3), , 117 Stat. 2528.
Codification
In par. 14(C), “section 70502(b) of title 46” substituted for “section 3(b) of the Maritime Drug Enforcement Act, as amended (46 U.S.C., App. sec. 1903(b))”, meaning section 3(b) of the Maritime Drug Law Enforcement Act, on authority of Pub. L. 109–304, § 18(c), , 120 Stat. 1709, which Act enacted section 70502 of Title 46, Shipping.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 105–277, div. I, § 1, , 112 Stat. 2681–856, provided that: “This Division [enacting this chapter, sections 229 to 229F of Title 18, Crimes and Criminal Procedure, and section 436 of Title 41, Public Contracts, amending section 362 of Title 11, Bankruptcy, and section 2332a of Title 18, repealing section 2332c of Title 18 and section 1520 of Title 50, War and National Defense, and enacting provisions set out as a note under section 229 of Title 18] may be cited as the ‘Chemical Weapons Convention Implementation Act of 1998’.”
Regulations
Regulations, orders, or directives to implement this chapter to be issued, amended, or revised by Departments of State and Commerce, and other agencies as appropriate, see section 3 of Ex. Ord. No. 13128, , 64 F.R. 34703, set out as a note under section 6711 of this title.
Executive Documents
Delegation of Functions
For delegation of functions under this chapter, see section 5 of Ex. Ord. No. 13128, , 64 F.R. 34703, set out as a note under section 6711 of this title.
Credits
(Pub. L. 105–277, div. I, § 3, , 112 Stat. 2681–856.)