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22 U.S.C. § 6712 — Designation of United States National Authority

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6712 — Designation of United States National Authority

**(a) Designation** Pursuant to paragraph 4 of Article VII of the Chemical Weapons Convention, the President shall designate the Department of State to be the United States National Authority. **(b) Purposes** The United States National Authority shall— (1) serve as the national focal point for effective liaison with the Organization for the Prohibition of Chemical Weapons and other States Parties to the Convention; and (2) implement the provisions of this chapter in coordination with an interagency group designated by the President consisting of the Secretary of Commerce, Secretary of Defense, Secretary of Energy, the Attorney General, and the heads of agencies considered necessary or advisable by the President. **(c) Director** The Secretary of State shall serve as the Director of the United States National Authority. **(d) Powers** The Director may utilize the administrative authorities otherwise available to the Secretary of State in carrying out the responsibilities of the Director set forth in this chapter. **(e) Implementation** The President is authorized to implement and carry out the provisions of this chapter and the Convention and shall designate through Executive order which agencies of the United States shall issue, amend, or revise the regulations in order to implement this chapter and the provisions of the Convention. The Director of the United States National Authority shall report to the Congress on the regulations that have been issued, implemented, or revised pursuant to this section.

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Stable record: federal_law:legal_authorities:record_usc_7dca238c8005fcbbe467d807
Source file: Laws/federal/codes/united-states-code/title-22/section-6712-designation-of-united-states-national-authority--5590c711d3.md
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Source location: Title 22, Chapter 75, § 6712; chapter-075-chemical-weapons-convention-implementation.md

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**(a) Designation** Pursuant to paragraph 4 of Article VII of the Chemical Weapons Convention, the President shall designate the Department of State to be the United States National Authority. **(b) Purposes** The United States National Authority shall— (1) serve as the national focal point for effective liaison with the Organization for the Prohibition of Chemical Weapons and other States Parties to the Convention; and (2) implement the provisions of this chapter in coordination with an interagency group designated by the President consisting of the Secretary of Commerce, Secretary of Defense, Secretary of Energy, the Attorney General, and the heads of agencies considered necessary or advisable by the President. **(c) Director** The Secretary of State shall serve as the Director of the United States National Authority. **(d) Powers** The Director may utilize the administrative authorities otherwise available to the Secretary of State in carrying out the responsibilities of the Director set forth in this chapter. **(e) Implementation** The President is authorized to implement and carry out the provisions of this chapter and the Convention and shall designate through Executive order which agencies of the United States shall issue, amend, or revise the regulations in order to implement this chapter and the provisions of the Convention. The Director of the United States National Authority shall report to the Congress on the regulations that have been issued, implemented, or revised pursuant to this section.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1601 — Termination of existing declared emergencies

**(a)** All powers and authorities possessed by the President, any other officer or employee of the Federal Government, or any executive agency, as defined in [section 105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section105&num=0&edition=prelim), as a result of the existence of any declaration of national emergency in effect on September 14, 1976, are terminated two years from September 14, 1976. Such termination shall not affect— (1) any action taken or proceeding pending not finally concluded or determined on such date; (2) any action or proceeding based on any act committed prior to such date; or (3) any rights or duties that matured or penalties that were incurred prior to such date. **(b)** For the purpose of this section, the words “any national emergency in effect” means a general declaration of emergency made by the President.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 229 — Prohibited activities

**(a) Unlawful Conduct.—** Except as provided in subsection (b), it shall be unlawful for any person knowingly— (1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile, retain, own, possess, or use, or threaten to use, any chemical weapon; or (2) to assist or induce, in any way, any person to violate paragraph (1), or to attempt or conspire to violate paragraph (1). **(b) Exempted Agencies and Persons.—** (1) **In general.—** — Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt of a chemical weapon by a department, agency, or other entity of the United States, or by a person described in paragraph (2), pending destruction of the weapon. (2) **Exempted persons.—** — A person referred to in paragraph (1) is— (A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by an appropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or (B) in an emergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon. **(c) Jurisdiction.—** Conduct prohibited by subsection (a) is within the jurisdiction of the United States if the prohibited conduct— (1) takes place in the United States; (2) takes place outside of the United States and is committed by a national of the United States; (3) is committed against a national of the United States while the national is outside the United States; or (4) is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States.

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Federal law — U.S. Code and appendices · legal_authorities

3 U.S.C. § 301 — General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6701 — Prohibition

**(a) In general** Neither the Secretary of Defense nor any other officer or employee of the United States may, directly or by contract— (1) conduct any test or experiment involving the use of any chemical or biological agent on a civilian population; or (2) use human subjects for the testing of chemical or biological agents. **(b) Construction** Nothing in subsection (a) may be construed to prohibit actions carried out for purposes not prohibited by this chapter (as defined in [section 6701(8) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6701/8&num=0&edition=prelim)). **(c) “Biological agent” defined** In this section, the term “biological agent” means any micro-organism (including bacteria, viruses, fungi, rickettsiae or protozoa), pathogen, or infectious substance, or any naturally occurring, bio-engineered or synthesized component of any such micro-organism, pathogen, or infectious substance, whatever its origin or method of production, capable of causing— (1) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; (2) deterioration of food, water, equipment, supplies, or materials of any kind; or (3) deleterious alteration of the environment.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6725 — Procedures for inspections

**(a) Types of inspections** Each inspection of a plant, plant site, or other facility or location in the United States under the Convention shall be conducted in accordance with this section and [section 6725 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6725&num=0&edition=prelim), except where other procedures are provided in a facility agreement entered into under [section 6722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section6722&num=0&edition=prelim). **(b) Notice** (1) **In general** — An inspection referred to in subsection (a) may be made only upon issuance of an actual written notice by the United States National Authority to the owner and to the operator, occupant, or agent in charge of the premises to be inspected. (2) **Time of notification** — The notice for a routine inspection shall be submitted to the owner and to the operator, occupant, or agent in charge within six hours of receiving the notification of the inspection from the Technical Secretariat or as soon as possible thereafter. Notice for a challenge inspection shall be provided at any appropriate time determined by the United States National Authority. Notices may be posted prominently at the plant, plant site, or other facility or location if the United States is unable to provide actual written notice to the owner, operator, or agent in charge of the premises. (3) **Content of notice** (A) *In general* — The notice under paragraph (1) shall include all appropriate information supplied by the Technical Secretariat to the United States National Authority concerning— (i) the type of inspection; (ii) the basis for the selection of the plant, plant site, or other facility or location for the type

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6712 — No abridgement of constitutional rights

Page 1844 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6712 complete classification of division I to the Code, see Short Title note set out under section 6701 of this title and Tables. Executive Documents EX. ORD. NO. 13128. IMPLEMENTATION OF THE CHEMICAL WEAPONS CONVENTION AND THE CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Chemical Weapons Convention Implementation Act of 1998 [22 U.S.C. 6701 et seq.] (as enacted in Division I of Public Law 105–277) (the Act), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, and in order to facilitate implementation of the Act and the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (the ‘‘Con- vention’’), it is hereby ordered as follows: SECTION 1. The Department of State shall be the United States National Authority (the ‘‘USNA’’) for purposes of the Act and the Convention. SEC. 2. The USNA shall coordinate the implementa- tion of the provisions of the Act and the Convention with an interagency group consisting of the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of Energy, and the heads of such other agencies or departments, or their designees, I may consider necessary or advisable. SEC. 3. The Departments of State and Commerce, and other agencies as appropriate, each shall issue, amend, or revise regulations, orders, or directives as necessary to implement the Act and U.S. ob

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 6712

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