§ 6701. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6701]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 75--CHEMICAL WEAPONS CONVENTION IMPLEMENTATION
Sec. 6701. Definitions
In this chapter:
(1) Chemical weapon
The term ``chemical weapon'' means the following, together or
separately:
(A) 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.
(B) 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.
(C) Any equipment specifically designed for use directly in
connection with the employment of munitions or devices specified
in subparagraph (B).
(2) 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 January 13, 1993.
(3) 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.
(4) 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.
(5) Organization
The term ``Organization'' means the Organization for the
Prohibition of Chemical Weapons.
(6) 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.
(7) Precursor
(A) 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.
(B) 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.
(8) Purposes not prohibited by this chapter
The term ``purposes not prohibited by this chapter'' means the
following:
(A) Peaceful purposes
Any peaceful purpose related to an industrial, agricultural,
research, medical, or pharmaceutical activity or other activity.
(B) Protective purposes
Any purpose directly related to protection against toxic
chemicals and to protection against chemical weapons.
(C) 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.
(D) Law enforcement purposes
Any law enforcement purpose, including any domestic riot
control purpose and including imposition of capital punishment.
(9) 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.
(10) Schedule 1 chemical agent
The term ``Schedule 1 chemical agent'' means any of the
following, together or separately:
(A) O-Alkyl (C<INF>10</INF>, incl. cycloalkyl) alkyl
(Me, Et, n-Pr or i-Pr)-phosphonofluoridates
(e.g. Sarin: O-Isopropyl methylphosphonofluoridate
Soman: O-Pinacolyl methylphosphonofluoridate).
(B) O-Alkyl (C<INF>10</INF>, incl. cycloalkyl) N,N-dialkyl
(Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates
(e.g. Tabun: O-Ethyl N,N-dimethyl
phosphoramidocyanidate).
(C) O-Alkyl (H or C<INF>10</INF>, 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).
(D) Sulfur mustards:
2-Chloroethylchloromethylsulfide
Mustard gas: (Bis(2-chloroethyl)sulfide
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.
(E) Lewisites:
Lewisite 1: 2-Chlorovinyldichloroarsine
Lewisite 2: Bis(2-chlorovinyl)chloroarsine
Lewisite 3: Tris(2-clorovinyl)arsine.
(F) Nitrogen mustards:
HN1: Bis(2-chloroethyl)ethylamine
HN2: Bis(2-chloroethyl)methylamine
HN3: Tris(2-chloroethyl)amine.
(G) Saxitoxin.
(H) Ricin.
(I) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
e.g. DF: Methylphosphonyldifluoride.
(J) O-Alkyl (H or C<INF>10</INF>, 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.
(K) Chlorosarin: O-Isopropyl methylphosphonochloridate.
(L) Chlorosoman: O-Pinacolyl methylphosphonochloridate.
(11) Schedule 2 chemical agent
The term ``Schedule 2 chemical agent'' means the following,
together or separately:
(A) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
phosphorothiolate and corresponding alkylated or
protonated salts.
(B) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-
propene.
(C) BZ: 3-Quinuclidinyl benzilate
(D) 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.
(E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic
dihalides.
(F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-Pr
or i-Pr)-phosphoramidates.
(G) arsenic trichloride.
(H) 2,2-Diphenyl-2-hydroxyacetic acid.
(I) Quinuclidine-3-ol.
(J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
chlorides and corresponding protonated salts.
(K) 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.
(L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols
and corresponding protonated salts.
(M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
(N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
(12) Schedule 3 chemical agent
The term ``Schedule 3 chemical agent'' means any of the
following, together or separately:
(A) Phosgene: carbonyl dichloride.
(B) Cyanogen chloride.
(C) Hydrogen cyanide.
(D) Chloropicrin: trichloronitromethane.
(E) Phosphorous oxychloride.
(F) Phosphorous trichloride.
(G) Phosphorous pentachloride.
(H) Trimethyl phosphite.
(I) Triethyl phosphite.
(J) Dimethyl phosphite.
(K) Diethyl phosphite.
(L) Sulfur monochloride.
(M) Sulfur dichloride.
(N) Thionyl chloride.
(O) Ethyldiethanolamine.
(P) Methyldiethanolamine.
(Q) Triethanolamine.
(13) Toxic chemical
(A) 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.
(B) 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.
(14) 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--
(A) any of the places within the provisions of paragraph
(41) of section 40102 of title 49;
(B) any civil aircraft of the United States or public
aircraft, as such terms are defined in paragraphs (17) and (37),
respectively, of section 40102 of title 49; and
(C) any vessel of the United States, as such term is defined
in section 1903(b) of title 46, Appendix.
(15) 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.
(Pub. L. 105-277, div. I, Sec. 3, Oct. 21, 1998, 112 Stat. 2681-856.)
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, Oct. 21, 1998, 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.
Section 1903(b) of title 46, Appendix, referred to in par. (14)(C),
was in the original ``section 3(b) of the Maritime Drug Enforcement Act,
as amended (46 U.S.C., App. sec. 1903(b))'' and was translated as
reading section 3(b) of the Maritime Drug Law Enforcement Act to reflect
the probable intent of Congress.
Short Title
Pub. L. 105-277, div. I, Sec. 1, Oct. 21, 1998, 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, June
25, 1999, 64 F.R. 34703, set out as a note under section 6711 of this
title.
Delegation of Functions
For delegation of functions under this chapter, see section 5 of Ex.
Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under
section 6711 of this title.
Section Referred to in Other Sections
This section is referred to in section 6771 of this title; title 41
section 436.
