18 U.S.C. § 229F — Definitions

submitted 28 years ago by Pub. L. 105-277 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 728 words · no verdicts yet

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This law defines the key terms used in the federal chemical weapons statute, including "chemical weapon," "toxic chemical," "precursor," and "person." It also spells out which purposes — like peaceful, protective, certain military, and law enforcement uses — are not banned by the chapter, and defines "United States" broadly to include its territories, aircraft, and vessels.

This section defines nine terms used throughout the chemical weapons chapter. (1) Chemical weapon means, together or separately: (A) a toxic chemical and its precursors, unless it is meant for a purpose this chapter does not ban and the type and amount match that purpose; (B) a device built to cause death or harm by releasing those toxic chemicals; or (C) equipment specifically built to be used with such a device. (2) Chemical Weapons Convention (or "Convention") means the international treaty banning the development, production, stockpiling, and use of chemical weapons, opened for signature on January 13, 1993. (3) Key component of a binary or multicomponent chemical system means the ingredient that most determines the toxic effect of the final product and reacts quickly with the other chemicals in the system. (4) National of the United States has the same meaning as in the Immigration and Nationality Act. (5) Person means any individual, business, government, or other organized entity, including foreign governments and their agencies, located in the United States. (6) Precursor means any chemical that plays a part in making a toxic chemical, including a key component described in definition (3). Precursors identified for verification under the Convention are listed in its official schedules. (7) Purposes not prohibited by this chapter covers four kinds of uses: (A) peaceful uses like industry, farming, research, or medicine; (B) protective uses against toxic chemicals or chemical weapons; (C) military uses unrelated to using a chemical weapon's toxic properties to cause harm; and (D) law enforcement uses, including riot control and carrying out the death penalty. (8) Toxic chemical means any chemical that can cause death, temporary disability, or lasting harm to people or animals through its chemical action, no matter where it came from or how it was made. Toxic chemicals identified for verification under the Convention are listed in its official schedules. (9) United States means the states, the District of Columbia, and U.S. commonwealths, territories, and possessions, plus any place under U.S. jurisdiction or control — including certain places listed under a separate transportation law, U.S. civil and public aircraft, and U.S. vessels as defined elsewhere in federal law.

the actual law source: uscode.house.gov ↗public domain

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 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).

(5)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.

(6)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.

(7)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 or 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.

(8)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.

(9)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) 1 of section 40102 of title 49, United States Code;

(B)

any civil aircraft of the United States or public aircraft, as such terms are defined in paragraphs (17) and (37),¹ respectively, of section 40102 of title 49, United States Code; and

(C)

any vessel of the United States, as such term is defined in section 70502(b) of title 46, United States Code.

Source credit: (Added Pub. L. 105–277, div. I, title II, § 201(a), Oct. 21, 1998, 112 Stat. 2681–869; amended Pub. L. 109–304, § 17(d)(1), Oct. 6, 2006, 120 Stat. 1707.)

history & why it existsrecord from the source credit

1998Enacted · Pub. L. 105-277 · 112 Stat. 2681
2006Amended · Pub. L. 109-304 · 120 Stat. 1707

A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1998-10-21.

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