22 U.S.C. § 6701 — Definitions

Page 1841 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6701 Sec. 6722. Facility agreements. 6723. Authority to conduct inspections. 6724. Procedures for inspections. 6725. Warrants. 6726. Prohibited acts relating to inspections. 6727. National security exception. 6728. Annual report on inspections. 6729. United States assistance in inspections at pri- vate facilities. SUBCHAPTER III—REPORTS 6741. Reports required by United States National Authority. 6742. Prohibition relating to low concentrations of Schedules 2 and 3 chemicals. 6743. Prohibition relating to unscheduled discrete organic chemicals and coincidental byprod- ucts in waste streams. 6744. Confidentiality of information. 6745. Recordkeeping violations. SUBCHAPTER IV—ENFORCEMENT 6761. Penalties. 6762. Specific enforcement. 6763. Expedited judicial review. SUBCHAPTER V—MISCELLANEOUS PROVISIONS 6771. Prohibition. § 6701. Definitions In this chapter: (1) Chemical weapon The term ‘‘chemical weapon’’ means the fol- lowing, together or separately: (A) A toxic chemical and its precursors, except where intended for a purpose not pro- hibited under this chapter as long as the type and quantity is consistent with such a purpose. (B) A munition or device, specifically de- signed 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 em- ployment 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 multicompo- nent 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 chemi- cals 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 sec- tion 1101(a)(22) of title 8. (5) Organization The term ‘‘Organization’’ means the Organi- zation for the Prohibition of Chemical Weap- ons. (6) Person The term ‘‘person’’, except as otherwise pro- vided, 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 Conven- tion. (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 indus- trial, 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 prop- erties 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 in- cluding imposition of capital punishment. (9) Technical Secretariat The term ‘‘Technical Secretariat’’ means the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons es- tablished by the Chemical Weapons Conven- tion. (10) Schedule 1 chemical agent The term ‘‘Schedule 1 chemical agent’’ means any of the following, together or sepa- rately: (A) O-Alkyl (≤C10, incl. cycloalkyl) alkyl (Me, Et, n-Pr or i-Pr)- phosphonofluoridates (e.g. Sarin: O-Isopropyl methylphosphonofluoridate Soman: O- Pinacolyl methylphosphonofluoridate). Page 1842 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6701 1 So in original. Probably should not be preceded by an open parenthesis. (B) 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). (C) 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). (D) 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. (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 ≤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. (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 Di- methyl 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-hydroxy- ethyl)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 sepa- rately: (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 hu- mans 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 identi- fied for the application of verification meas- Page 1843 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 6711 2 See References in Text note below. ures under Article VI of the Convention are listed in schedules contained in the Annex on Chemicals of the Chemical Weapons Con- vention. (14) United States The term ‘‘United States’’ means the several States of the United States, the District of Co- lumbia, and the commonwealths, territories, and possessions of the United States and in- cludes all places under the jurisdiction or con- trol of the United States, including— (A) any of the places within the provisions of paragraph (41) 2 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),2 respectively, of section 40102 of title 49; and (C) any vessel of the United States, as such term is defined in section 70502(b) of title 46. (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, § 3, Oct. 21, 1998, 112 Stat. 2681–856.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’ and was translated as reading ‘‘this divi- sion’’, meaning div. I of Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681–856, known as the Chemical Weapons Conven- tion Implementation Act of 1998, to reflect the probable intent of Congress. For complete classification of divi- sion 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 origi- nally 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), Dec. 12, 2003, 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), Oct. 6, 2006, 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, 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, Bank- ruptcy, 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 Depart- ments 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. Executive Documents 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. SUBCHAPTER I—GENERAL PROVISIONS § 6711. Designation of United States National Au- thority (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 effec- tive liaison with the Organization for the Pro- hibition 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 Di- rector 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 Execu- tive order which agencies of the United States shall issue, amend, or revise the regulations in order to implement this chapter and the provi- sions 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. (Pub. L. 105–277, div. I, title I, § 101, Oct. 21, 1998, 112 Stat. 2681–860.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(2), (d), and (e), 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