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18 USC CHAPTER 11B - CHEMICAL WEAPONS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11B - CHEMICAL WEAPONS

.

-HEAD-

CHAPTER 11B - CHEMICAL WEAPONS

-MISC1-

Sec.

229. Prohibited activities.

229A. Penalties.

229B. Criminal forfeitures; destruction of weapons.

229C. Individual self-defense devices.

229D. Injunctions.

229E. Requests for military assistance to enforce prohibition in

certain emergencies.

229F. Definitions.

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18 USC Sec. 229 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11B - CHEMICAL WEAPONS

-HEAD-

Sec. 229. Prohibited activities

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 105-277, div. I, title II, Sec. 201(a), Oct. 21,

1998, 112 Stat. 2681-866.)

-MISC1-

REGULATIONS

For authority to issue regulations under this chapter, see

section 3 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set

out as a note under section 6711 of Title 22, Foreign Relations and

Intercourse.

REVOCATIONS OF EXPORT PRIVILEGES

Pub. L. 105-277, div. I, title II, Sec. 211, Oct. 21, 1998, 112

Stat. 2681-872, provided that: ''If the President determines, after

notice and an opportunity for a hearing in accordance with section

554 of title 5, United States Code, that any person within the

United States, or any national of the United States located outside

the United States, has committed any violation of section 229 of

title 18, United States Code, the President may issue an order for

the suspension or revocation of the authority of the person to

export from the United States any goods or technology (as such

terms are defined in section 16 of the Export Administration Act of

1979 (50 U.S.C. App. 2415)).''

(For authority of Secretary of Commerce to suspend or revoke

export privileges pursuant to section 211 of Pub. L. 105-277, set

out above, see section 4 of Ex. Ord. No. 13128, June 25, 1999, 64

F.R. 34703, set out as a note under section 6711 of Title 22,

Foreign Relations and Intercourse.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 229A, 229D, 229E, 2332b,

2339, 2339A, 2516 of this title.

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18 USC Sec. 229A 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11B - CHEMICAL WEAPONS

-HEAD-

Sec. 229A. Penalties

-STATUTE-

(a) Criminal Penalties. -

(1) In general. - Any person who violates section 229 of this

title shall be fined under this title, or imprisoned for any term

of years, or both.

(2) Death penalty. - Any person who violates section 229 of

this title and by whose action the death of another person is the

result shall be punished by death or imprisoned for life.

(b) Civil Penalties. -

(1) In general. - The Attorney General may bring a civil action

in the appropriate United States district court against any

person who violates section 229 of this title and, upon proof of

such violation by a preponderance of the evidence, such person

shall be subject to pay a civil penalty in an amount not to

exceed $100,000 for each such violation.

(2) Relation to other proceedings. - The imposition of a civil

penalty under this subsection does not preclude any other

criminal or civil statutory, common law, or administrative

remedy, which is available by law to the United States or any

other person.

(c) Reimbursement of Costs. - The court shall order any person

convicted of an offense under subsection (a) to reimburse the

United States for any expenses incurred by the United States

incident to the seizure, storage, handling, transportation, and

destruction or other disposition of any property that was seized in

connection with an investigation of the commission of the offense

by that person. A person ordered to reimburse the United States

for expenses under this subsection shall be jointly and severally

liable for such expenses with each other person, if any, who is

ordered under this subsection to reimburse the United States for

the same expenses.

-SOURCE-

(Added Pub. L. 105-277, div. I, title II, Sec. 201(a), Oct. 21,

1998, 112 Stat. 2681-867.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 229B of this title.

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18 USC Sec. 229B 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11B - CHEMICAL WEAPONS

-HEAD-

Sec. 229B. Criminal forfeitures; destruction of weapons

-STATUTE-

(a) Property Subject to Criminal Forfeiture. - Any person

convicted under section 229A(a) shall forfeit to the United States

irrespective of any provision of State law -

(1) any property, real or personal, owned, possessed, or used

by a person involved in the offense;

(2) any property constituting, or derived from, and proceeds

the person obtained, directly or indirectly, as the result of

such violation; and

(3) any of the property used in any manner or part, to commit,

or to facilitate the commission of, such violation.

The court, in imposing sentence on such person, shall order, in

addition to any other sentence imposed pursuant to section 229A(a),

that the person forfeit to the United States all property described

in this subsection. In lieu of a fine otherwise authorized by

section 229A(a), a defendant who derived profits or other proceeds

from an offense may be fined not more than twice the gross profits

or other proceeds.

(b) Procedures. -

(1) General. - Property subject to forfeiture under this

section, any seizure and disposition thereof, and any

administrative or judicial proceeding in relation thereto, shall

be governed by subsections (b) through (p) of section 413 of the

Comprehensive Drug Abuse Prevention and Control Act of 1970 (21

U.S.C. 853), except that any reference under those subsections to

-

(A) ''this subchapter or subchapter II'' shall be deemed to

be a reference to section 229A(a); and

(B) ''subsection (a)'' shall be deemed to be a reference to

subsection (a) of this section.

(2) Temporary restraining orders. -

(A) In general. - For the purposes of forfeiture proceedings

under this section, a temporary restraining order may be

entered upon application of the United States without notice or

opportunity for a hearing when an information or indictment has

not yet been filed with respect to the property, if, in

addition to the circumstances described in section 413(e)(2) of

the Comprehensive Drug Abuse Prevention and Control Act of 1970

(21 U.S.C. 853(e)(2)), the United States demonstrates that

there is probable cause to believe that the property with

respect to which the order is sought would, in the event of

conviction, be subject to forfeiture under this section and

exigent circumstances exist that place the life or health of

any person in danger.

(B) Warrant of seizure. - If the court enters a temporary

restraining order under this paragraph, it shall also issue a

warrant authorizing the seizure of such property.

(C) Applicable procedures. - The procedures and time limits

applicable to temporary restraining orders under section

413(e)(2) and (3) of the Comprehensive Drug Abuse Prevention

and Control Act of 1970 (21 U.S.C. 853(e)(2) and (3)) shall

apply to temporary restraining orders under this paragraph.

(c) Affirmative Defense. - It is an affirmative defense against a

forfeiture under subsection (b) that the property -

(1) is for a purpose not prohibited under the Chemical Weapons

Convention; and

(2) is of a type and quantity that under the circumstances is

consistent with that purpose.

(d) Destruction or Other Disposition. - The Attorney General

shall provide for the destruction or other appropriate disposition

of any chemical weapon seized and forfeited pursuant to this

section.

(e) Assistance. - The Attorney General may request the head of

any agency of the United States to assist in the handling, storage,

transportation, or destruction of property seized under this

section.

(f) Owner Liability. - The owner or possessor of any property

seized under this section shall be liable to the United States for

any expenses incurred incident to the seizure, including any

expenses relating to the handling, storage, transportation, and

destruction or other disposition of the seized property.

-SOURCE-

(Added Pub. L. 105-277, div. I, title II, Sec. 201(a), Oct. 21,

1998, 112 Stat. 2681-868.)

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18 USC Sec. 229C 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11B - CHEMICAL WEAPONS

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Sec. 229C. Individual self-defense devices

-STATUTE-

Nothing in this chapter shall be construed to prohibit any

individual self-defense device, including those using a pepper

spray or chemical mace.

-SOURCE-

(Added Pub. L. 105-277, div. I, title II, Sec. 201(a), Oct. 21,

1998, 112 Stat. 2681-869.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 229D of this title; title

22 section 6744.

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18 USC Sec. 229D 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11B - CHEMICAL WEAPONS

-HEAD-

Sec. 229D. Injunctions

-STATUTE-

The United States may obtain in a civil action an injunction

against -

(1) the conduct prohibited under section 229 or 229C of this

title; or

(2) the preparation or solicitation to engage in conduct

prohibited under section 229 or 229D (FOOTNOTE 1) of this title.

(FOOTNOTE 1) So in original.

-SOURCE-

(Added Pub. L. 105-277, div. I, title II, Sec. 201(a), Oct. 21,

1998, 112 Stat. 2681-869.)

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18 USC Sec. 229E 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11B - CHEMICAL WEAPONS

-HEAD-

Sec. 229E. Requests for military assistance to enforce prohibition

in certain emergencies

-STATUTE-

The Attorney General may request the Secretary of Defense to

provide assistance under section 382 of title 10 in support of

Department of Justice activities relating to the enforcement of

section 229 of this title in an emergency situation involving a

chemical weapon. The authority to make such a request may be

exercised by another official of the Department of Justice in

accordance with section 382(f)(2) of title 10.

-SOURCE-

(Added Pub. L. 105-277, div. I, title II, Sec. 201(a), Oct. 21,

1998, 112 Stat. 2681-869.)

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18 USC Sec. 229F 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 11B - CHEMICAL WEAPONS

-HEAD-

Sec. 229F. Definitions

-STATUTE-

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)

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), 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 3(b) of the Maritime Drug Enforcement Act, as

amended (46 U.S.C., App. sec. 1903(b)).

-SOURCE-

(Added Pub. L. 105-277, div. I, title II, Sec. 201(a), Oct. 21,

1998, 112 Stat. 2681-869.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2332a of this title.

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