Legislación

US (United States) Code. Title 22. Chapter 75: Chemical Weapons Convention Implementation

Compartir 0 Me sirvió 0 No me sirvió

-CITE-

22 USC CHAPTER 75 - CHEMICAL WEAPONS CONVENTION

IMPLEMENTATION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

-HEAD-

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

-MISC1-

Sec.

6701. Definitions.

SUBCHAPTER I - GENERAL PROVISIONS

6711. Designation of United States National Authority.

(a) Designation.

(b) Purposes.

(d) Powers.

(e) Implementation.

6712. No abridgement of constitutional rights.

6713. Civil liability of United States.

(a) Claims for taking of property.

(b) Tort liability.

(d) Authority for cause of action.

(e) Recoupment.

(f) Sanctions for unauthorized disclosure of United

States confidential business information.

(g) "United States confidential business

information" defined.

SUBCHAPTER II - INSPECTIONS

6721. Definitions.

(a) In general.

(b) "Judge of the United States" defined.

6722. Facility agreements.

(a) Authorization of inspections.

(b) Types of facility agreements.

(d) Content of facility agreements.

6723. Authority to conduct inspections.

(a) Prohibition.

(b) Authority.

6724. Procedures for inspections.

(a) Types of inspections.

(b) Notice.

(d) Timeframe for inspections.

(e) Scope.

(f) Sampling and safety.

(g) Coordination.

6725. Warrants.

(a) In general.

(b) Routine inspections.

6726. Prohibited acts relating to inspections.

6727. National security exception.

6728. Annual report on inspections.

(a) In general.

(b) Content of reports.

6729. United States assistance in inspections at private

facilities.

(a) Assistance in preparation for inspections.

(b) Reimbursement requirement.

Authority reimbursements.

SUBCHAPTER III - REPORTS

6741. Reports required by United States National Authority.

(a) Regulations on recordkeeping.

(b) Coordination.

6742. Prohibition relating to low concentrations of

Schedules 2 and 3 chemicals.

(a) Prohibition.

(b) Standard for measurement of concentration.

6743. Prohibition relating to unscheduled discrete organic

chemicals and coincidental byproducts in waste

streams.

6744. Confidentiality of information.

(a) Freedom of Information Act exemption for

certain Convention information.

(b) Exceptions.

(d) Criminal penalty for wrongful disclosure.

(e) Criminal forfeiture.

(f) International inspectors.

6745. Recordkeeping violations.

SUBCHAPTER IV - ENFORCEMENT

6761. Penalties.

(a) Civil.

(b) Criminal.

6762. Specific enforcement.

(a) Jurisdiction.

(b) Civil actions.

6763. Expedited judicial review.

(a) Civil action.

(b) En banc review.

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

6771. Prohibition.

(a) In general.

(b) Construction.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 41 section 436.

-End-

-CITE-

22 USC Sec. 6701 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

-HEAD-

Sec. 6701. 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.

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.

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 (G6¾CG510, incl. cycloalkyl) alkyl

(Me, Et, n-Pr or i-Pr)-phosphonofluoridates

(e.g. Sarin: O-Isopropyl methylphosphonofluoridate Soman:

O-Pinacolyl methylphosphonofluoridate).

(B) O-Alkyl (G6¾CG510, incl. cycloalkyl) N,N-dialkyl

(Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates

(e.g. Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate).

(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 G6¾CG510, 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.

(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.

(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

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.

-SOURCE-

(Pub. L. 105-277, div. I, Sec. 3, Oct. 21, 1998, 112 Stat.

2681-856.)

-REFTEXT-

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.

-MISC1-

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.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6771 of this title; title

41 section 436.

-End-

-CITE-

22 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

22 USC Sec. 6711 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6711. Designation of United States National Authority

-STATUTE-

(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.

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.

-SOURCE-

(Pub. L. 105-277, div. I, title I, Sec. 101, Oct. 21, 1998, 112

Stat. 2681-860.)

-REFTEXT-

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 complete classification of division I to the Code,

see Short Title note set out under section 6701 of this title and

Tables.

-EXEC-

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, provided:

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 "Convention"), 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 implementation 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.

obligations under Article VI and related provisions of the

Convention. Regulations under section 401(a) of the Act [22 U.S.C.

6741(a)] shall be issued by the Department of Commerce by a date

specified by the USNA, which shall review and approve these

regulations, in coordination with the interagency group designated

in section 2 of this order, prior to their issuance.

Sec. 4. The Secretary of Commerce is authorized:

(a) to obtain and execute warrants pursuant to section 305 of the

Act [22 U.S.C. 6725] for the purposes of conducting inspections of

facilities subject to the regulations issued by the Department of

Commerce pursuant to section 3 of this order;

(b) to suspend or revoke export privileges pursuant to section

211 of the Act [18 U.S.C. 229 note]; and

section 501(a) of the Act [22 U.S.C. 6761(a)] and to issue

regulations with respect thereto, except for those functions that

the Act specifies are to be performed by the Secretary of State or

the USNA.

Sec. 5. The Departments of State, Defense, Commerce, and Energy,

and other agencies as appropriate, are authorized to carry out,

consistent with the Act and in accordance with subsequent

directives, appropriate functions that are not otherwise assigned

in the Act and are necessary to implement the provisions of the

Convention and the Act.

Sec. 6. The Departments of State, Defense, Commerce, and Energy,

and other agencies, as appropriate, are authorized to provide

assistance to facilities not owned or operated by the U.S.

Government, or contracted for use by or for the U.S. Government, in

meeting reporting requirements and in preparing the facilities for

possible inspection pursuant to the Convention.

Sec. 7. The USNA, in coordination with the interagency group

designated in section 2 of this order, is authorized to determine

whether disclosure of confidential business information pursuant to

section 404(c) of the Act [22 U.S.C. 6744(c)] is in the national

interest. Disclosure will not be permitted if contrary to national

security or law enforcement needs.

Sec. 8. In order to take additional steps with respect to the

proliferation of weapons of mass destruction and means of

delivering them and the national emergency described and declared

in Executive Order 12938 of November 14, 1994 [50 U.S.C. 1701

note], as amended by Executive Order 13094 of July 30, 1998,

section 3 of Executive Order 12938, as amended, is amended to add a

new subsection (e) to read as follows:

"(e) the Secretary of Commerce shall impose and enforce such

restrictions on the importation of chemicals into the United

States as may be necessary to carry out the requirements of the

Convention on the Prohibition of the Development, Production,

Stockpiling and Use of Chemical Weapons and on Their

Destruction."

Sec. 9. Any investigation emanating from a possible violation of

this order, or of any license, order, or regulation issued pursuant

to this order, involving or revealing a possible violation of 18

U.S.C. section 229 shall be referred to the Federal Bureau of

Investigation (FBI), which shall coordinate with the referring

agency and other appropriate agencies. The FBI shall timely notify

the referring agency and other appropriate agencies of any action

it takes on such referrals.

Sec. 10. Nothing in this order shall create any right or benefit,

substantive or procedural, enforceable by any party against the

United States, its agencies or instrumentalities, its officers or

employees, or any other person.

Sec. 11. (a) This order shall take effect at 12:01 a.m. eastern

daylight time, June 26, 1999.

(b) This order shall be transmitted to the Congress and published

in the Federal Register.

William J. Clinton.

-End-

-CITE-

22 USC Sec. 6712 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6712. No abridgement of constitutional rights

-STATUTE-

No person may be required, as a condition for entering into a

contract with the United States or as a condition for receiving any

benefit from the United States, to waive any right under the

Constitution for any purpose related to this chapter or the

Convention.

-SOURCE-

(Pub. L. 105-277, div. I, title I, Sec. 102, Oct. 21, 1998, 112

Stat. 2681-861.)

-REFTEXT-

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 under section

6701 of this title and Tables.

-End-

-CITE-

22 USC Sec. 6713 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 6713. Civil liability of United States

-STATUTE-

(a) Claims for taking of property

(1) Jurisdiction of courts of the United States

(A) United States Court of Federal Claims

The United States Court of Federal Claims shall, subject to

subparagraph (B), have jurisdiction of any civil action or

claim against the United States for any taking of property

without just compensation that occurs by reason of the action

of any officer or employee of the Organization for the

Prohibition of Chemical Weapons, including any member of an

inspection team of the Technical Secretariat, or by reason of

the action of any officer or employee of the United States

pursuant to this chapter or the Convention. For purposes of

this subsection, action taken pursuant to or under the color of

this chapter or the Convention shall be deemed to be action

taken by the United States for a public purpose.

(B) District courts

The district courts of the United States shall have original

jurisdiction, concurrent with the United States Court of

Federal Claims, of any civil action or claim described in

subparagraph (A) that does not exceed $10,000.

(2) Notification

Any person intending to bring a civil action pursuant to

paragraph (1) shall notify the United States National Authority

of that intent at least one year before filing the claim in the

United States Court of Federal Claims. Action on any claim filed

during that one-year period shall be stayed. The one-year period

following the notification shall not be counted for purposes of

any law limiting the period within which the civil action may be

commenced.

(3) Initial steps by United States Government to seek remedies

During the period between a notification pursuant to paragraph

(2) and the filing of a claim covered by the notification in the

United States Court of Federal Claims, the United States National

Authority shall pursue all diplomatic and other remedies that the

United States National Authority considers necessary and

appropriate to seek redress for the claim including, but not

limited to, the remedies provided for in the Convention and under

this chapter.

(4) Burden of proof

In any civil action under paragraph (1), the plaintiff shall

have the burden to establish a prima facie case that, due to acts

or omissions of any official of the Organization or any member of

an inspection team of the Technical Secretariat taken under the

color of the Convention, proprietary information of the plaintiff

has been divulged or taken without authorization. If the United

States Court of Federal Claims finds that the plaintiff has

demonstrated such a prima facie case, the burden shall shift to

the United States to disprove the plaintiff's claim. In deciding

whether the plaintiff has carried its burden, the United States

Court of Federal Claims shall consider, among other things -

(A) the value of proprietary information;

(B) the availability of the proprietary information;

on patents, trade secrets, or other protected intellectual

property;

(D) the significance of proprietary information; and

(E) the emergence of technology elsewhere a reasonable time

after the inspection.

(b) Tort liability

The district courts of the United States shall have exclusive

jurisdiction of civil actions for money damages for any tort under

the Constitution or any Federal or State law arising from the acts

or omissions of any officer or employee of the United States or the

Organization, including any member of an inspection team of the

Technical Secretariat, taken pursuant to or under color of the

Convention or this chapter.

In any action under subsection (a) or (b) of this section, the

United States may not raise sovereign immunity as a defense.

(d) Authority for cause of action

(1) United States actions in United States district court

Notwithstanding any other law, the Attorney General of the

United States is authorized to bring an action in the United

States District Court for the District of Columbia against any

foreign nation for money damages resulting from that nation's

refusal to provide indemnification to the United States for any

liability imposed on the United States by virtue of the actions

of an inspector of the Technical Secretariat who is a national of

that foreign nation acting at the direction or the behest of that

foreign nation.

(2) United States actions in courts outside the United States

The Attorney General is authorized to seek any and all

available redress in any international tribunal for

indemnification to the United States for any liability imposed on

the United States by virtue of the actions of an inspector of the

Technical Secretariat, and to seek such redress in the courts of

the foreign nation from which the inspector is a national.

(3) Actions brought by individuals and businesses

Notwithstanding any other law, any national of the United

States, or any business entity organized and operating under the

laws of the United States, may bring a civil action in a United

States District Court for money damages against any foreign

national or any business entity organized and operating under the

laws of a foreign nation for an unauthorized or unlawful

acquisition, receipt, transmission, or use of property by or on

behalf of such foreign national or business entity as a result of

any tort under the Constitution or any Federal or State law

arising from acts or omissions by any officer or employee of the

United States or any member of an inspection team of the

Technical Secretariat taken pursuant to or under the color of the

Convention or this chapter.

(e) Recoupment

(1) Policy

It is the policy of the United States to recoup all funds

withdrawn from the Treasury of the United States in payment for

any tort under Federal or State law or taking under the

Constitution arising from the acts or omissions of any foreign

person, officer, or employee of the Organization, including any

member of an inspection team of the Technical Secretariat, taken

under color of the Chemical Weapons Convention or this chapter.

(2) Sanctions on foreign companies

(A) Imposition of sanctions

The sanctions provided in subparagraph (B) shall be imposed

for a period of not less than ten years upon -

(i) any foreign person, officer, or employee of the

Organization, including any member of an inspection team of

the Technical Secretariat, for whose actions or omissions the

United States has been held liable for a tort or taking

pursuant to this chapter; and

(ii) any foreign person or business entity organized and

operating under the laws of a foreign nation which knowingly

assisted, encouraged or induced, in any way, a foreign person

described in clause (i) to publish, divulge, disclose, or

make known in any manner or to any extent not authorized by

the Convention any United States confidential business

information.

(B) Sanctions

(i) Arms export transactions

The United States Government shall not sell to a person

described in subparagraph (A) any item on the United States

Munitions List and shall terminate sales of any defense

articles, defense services, or design and construction

services to a person described in subparagraph (A) under the

Arms Export Control Act [22 U.S.C. 2751 et seq.].

(ii) Sanctions under Export Administration Act of 1979

The authorities under section 6 of the Export

Administration Act of 1979 [50 App. U.S.C. 2405] shall be

used to prohibit the export of any goods or technology on the

control list established pursuant to section 5(c)(1) of that

Act [50 App. U.S.C. 2404(c)(1)] to a person described in

subparagraph (A).

(iii) International financial assistance

The United States shall oppose any loan or financial or

technical assistance by international financial institutions

in accordance with section 262d of this title to a person

described in subparagraph (A).

(iv) Export-Import Bank transactions

The United States shall not give approval to guarantee,

insure, or extend credit, or to participate in the extension

of credit to a person described in subparagraph (A) through

the Export-Import Bank of the United States.

(v) Private bank transactions

Regulations shall be issued to prohibit any United States

bank from making any loan or providing any credit to a person

described in subparagraph (A).

(vi) Blocking of assets

The President shall take all steps necessary to block any

transactions in any property subject to the jurisdiction of

the United States in which a person described in subparagraph

(A) has any interest whatsoever, for the purpose of recouping

funds in accordance with the policy in paragraph (1).

(vii) Denial of landing rights

Landing rights in the United States shall be denied to any

private aircraft or air carrier owned by a person described

in subparagraph (A) except as necessary to provide for

emergencies in which the safety of the aircraft or its crew

or passengers is threatened.

(3) Sanctions on foreign governments

(A) Imposition of sanctions

Whenever the President determines that persuasive information

is available indicating that a foreign country has knowingly

assisted, encouraged or induced, in any way, a person described

in paragraph (2)(A) to publish, divulge, disclose, or make

known in any manner or to any extent not authorized by the

Convention any United States confidential business information,

the President shall, within 30 days after the receipt of such

information by the executive branch of Government, notify the

Congress in writing of such determination and, subject to the

requirements of paragraphs (4) and (5), impose the sanctions

provided under subparagraph (B) for a period of not less than

five years.

(B) Sanctions

(i) Arms export transactions

The United States Government shall not sell a country

described in subparagraph (A) any item on the United States

Munitions List, shall terminate sales of any defense

articles, defense services, or design and construction

services to that country under the Arms Export Control Act

[22 U.S.C. 2751 et seq.], and shall terminate all foreign

military financing for that country under the Arms Export

Control Act.

(ii) Denial of certain licenses

Licenses shall not be issued for the export to the

sanctioned country of any item on the United States Munitions

List or commercial satellites.

(iii) Denial of assistance

No appropriated funds may be used for the purpose of

providing economic assistance, providing military assistance

or grant military education and training, or extending

military credits or making guarantees to a country described

in subparagraph (A).

(iv) Sanctions under Export Administration Act of 1979

The authorities of section 6 of the Export Administration

Act of 1979 [50 App. U.S.C. 2405] shall be used to prohibit

the export of any goods or technology on the control list

established pursuant to section 5(c)(1) of that Act [50 App.

U.S.C. 2404(c)(1)] to a country described in subparagraph

(A).

(v) International financial assistance

The United States shall oppose any loan or financial or

technical assistance by international financial institutions

in accordance with section 262d of this title to a country

described in subparagraph (A).

(vi) Termination of assistance under Foreign Assistance Act

of 1961

The United States shall terminate all assistance to a

country described in subparagraph (A) under the Foreign

Assistance Act of 1961 [22 U.S.C. 2151 et seq.], except for

urgent humanitarian assistance.

(vii) Private bank transactions

The United States shall not give approval to guarantee,

insure, or extend credit, or participate in the extension of

credit through the Export-Import Bank of the United States to

a country described in subparagraph (A).

(viii) Private bank transactions

Regulations shall be issued to prohibit any United States

bank from making any loan or providing any credit to a

country described in subparagraph (A).

(ix) Denial of landing rights

Landing rights in the United States shall be denied to any

air carrier owned by a country described in subparagraph (A),

except as necessary to provide for emergencies in which the

safety of the aircraft or its crew or passengers is

threatened.

(4) Suspension of sanctions upon recoupment by payment

Sanctions imposed under paragraph (2) or (3) may be suspended

if the sanctioned person, business entity, or country, within the

period specified in that paragraph, provides full and complete

compensation to the United States Government, in convertible

foreign exchange or other mutually acceptable compensation

equivalent to the full value thereof, in satisfaction of a tort

or taking for which the United States has been held liable

pursuant to this chapter.

(5) Waiver of sanctions on foreign countries

The President may waive some or all of the sanctions provided

under paragraph (3) in a particular case if he determines and

certifies in writing to the Speaker of the House of

Representatives and the Committee on Foreign Relations of the

Senate that such waiver is necessary to protect the national

security interests of the United States. The certification shall

set forth the reasons supporting the determination and shall take

effect on the date on which the certification is received by the

Congress.

(6) Notification to Congress

Not later than five days after sanctions become effective

against a foreign person pursuant to this chapter, the President

shall transmit written notification of the imposition of

sanctions against that foreign person to the chairmen and ranking

members of the Committee on International Relations of the House

of Representatives and the Committee on Foreign Relations of the

Senate.

(f) Sanctions for unauthorized disclosure of United States

confidential business information

The Secretary of State shall deny a visa to, and the Attorney

General shall exclude from the United States any alien who, after

October 21, 1998 -

(1) is, or previously served as, an officer or employee of the

Organization and who has willfully published, divulged,

disclosed, or made known in any manner or to any extent not

authorized by the Convention any United States confidential

business information coming to him in the course of his

employment or official duties, or by reason of any examination or

investigation of any return, report, or record made to or filed

with the Organization, or any officer or employee thereof, such

practice or disclosure having resulted in financial loses (!1) or

damages to a United States person and for which actions or

omissions the United States has been found liable of a tort or

taking pursuant to this chapter;

(2) traffics in United States confidential business

information, a proven claim to which is owned by a United States

national;

(3) is a corporate officer, principal, shareholder with a

controlling interest of an entity which has been involved in the

unauthorized disclosure of United States confidential business

information, a proven claim to which is owned by a United States

national; or

(4) is a spouse, minor child, or agent of a person excludable

under paragraph (1), (2), or (3).

(g) "United States confidential business information" defined

In this section, the term "United States confidential business

information" means any trade secrets or commercial or financial

information that is privileged and confidential -

(1) including -

(A) data described in section 6724(e)(2) of this title,

(B) any chemical structure,

method,

(D) any operating requirement, input, or result that

identifies any type or quantity of chemicals used, processed,

or produced, or

(E) any commercial sale, shipment, or use of a chemical, or

(2) as described in section 552(b)(4) of title 5,

and that is obtained -

(i) from a United States person; or

(ii) through the United States Government or the conduct of an

inspection on United States territory under the Convention.

-SOURCE-

(Pub. L. 105-277, div. I, title I, Sec. 103, Oct. 21, 1998, 112

Stat. 2681-861.)

-REFTEXT-

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 under section

6701 of this title and Tables.

The Arms Export Control Act, referred to in subsec. (e)(2)(B)(i),

(3)(B)(i), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as

amended, which is classified principally to chapter 39 (Sec. 2751

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 2751 of this

title and Tables.

The Foreign Assistance Act of 1961, referred to in subsec.

(e)(3)(B)(vi), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, which is classified principally to chapter 32 (Sec. 2151

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 2151 of this

title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6744 of this title; title

6 section 236.

-FOOTNOTE-

(!1) So in original. Probably should be "losses".

-End-

-CITE-

22 USC SUBCHAPTER II - INSPECTIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER II - INSPECTIONS

-HEAD-

SUBCHAPTER II - INSPECTIONS

-End-

-CITE-

22 USC Sec. 6721 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER II - INSPECTIONS

-HEAD-

Sec. 6721. Definitions

-STATUTE-

(a) In general

In this subchapter, the terms "challenge inspection", "plant

site", "plant", "facility agreement", "inspection team", and

"requesting state party" have the meanings given those terms in

Part I of the Annex on Implementation and Verification of the

Chemical Weapons Convention. The term "routine inspection" means an

inspection, other than an "initial inspection", undertaken pursuant

to Article VI of the Convention.

(b) "Judge of the United States" defined

In this subchapter, the term "judge of the United States" means a

judge or magistrate judge of a district court of the United States.

-SOURCE-

(Pub. L. 105-277, div. I, title III, Sec. 301, Oct. 21, 1998, 112

Stat. 2681-872.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original "this

title", meaning title III of div. I of Pub. L. 105-277, Oct. 21,

1998, 112 Stat. 2681-872, which enacted this subchapter and section

436 of Title 41, Public Contracts. For complete classification of

title III to the Code, see Tables.

-End-

-CITE-

22 USC Sec. 6722 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER II - INSPECTIONS

-HEAD-

Sec. 6722. Facility agreements

-STATUTE-

(a) Authorization of inspections

Inspections by the Technical Secretariat of plants, plant sites,

or other facilities or locations for which the United States has a

facility agreement with the Organization shall be conducted in

accordance with the facility agreement. Any such facility agreement

may not in any way limit the right of the owner or operator of the

facility to withhold consent to an inspection request.

(b) Types of facility agreements

(1) Schedule 2 facilities

The United States National Authority shall ensure that facility

agreements for plants, plant sites, or other facilities or

locations that are subject to inspection pursuant to paragraph 4

of Article VI of the Convention are concluded unless the owner,

operator, occupant, or agent in charge of the facility and the

Technical Secretariat agree that such an agreement is not

necessary.

(2) Schedule 3 facilities

The United States National Authority shall ensure that facility

agreements are concluded for plants, plant sites, or other

facilities or locations that are subject to inspection pursuant

to paragraph 5 or 6 of Article VI of the Convention if so

requested by the owner, operator, occupant, or agent in charge of

the facility.

The United States National Authority shall ensure that the owner,

operator, occupant, or agent in charge of a facility prior to the

development of the agreement relating to that facility is notified

and, if the person notified so requests, the person may participate

in the preparations for the negotiation of such an agreement. To

the maximum extent practicable consistent with the Convention, the

owner and the operator, occupant or agent in charge of a facility

may observe negotiations of the agreement between the United States

and the Organization concerning that facility.

(d) Content of facility agreements

Facility agreements shall -

(1) identify the areas, equipment, computers, records, data,

and samples subject to inspection;

(2) describe the procedures for providing notice of an

inspection to the owner, occupant, operator, or agent in charge

of a facility;

(3) describe the timeframes for inspections; and

(4) detail the areas, equipment, computers, records, data, and

samples that are not subject to inspection.

-SOURCE-

(Pub. L. 105-277, div. I, title III, Sec. 302, Oct. 21, 1998, 112

Stat. 2681-872.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6724 of this title.

-End-

-CITE-

22 USC Sec. 6723 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER II - INSPECTIONS

-HEAD-

Sec. 6723. Authority to conduct inspections

-STATUTE-

(a) Prohibition

No inspection of a plant, plant site, or other facility or

location in the United States shall take place under the Convention

without the authorization of the United States National Authority

in accordance with the requirements of this subchapter.

(b) Authority

(1) Technical Secretariat inspection teams

Any duly designated member of an inspection team of the

Technical Secretariat may inspect any plant, plant site, or other

facility or location in the United States subject to inspection

pursuant to the Convention.

(2) United States Government representatives

The United States National Authority shall coordinate the

designation of employees of the Federal Government (and, in the

case of an inspection of a United States Government facility, the

designation of contractor personnel who shall be led by an

employee of the Federal Government) to accompany members of an

inspection team of the Technical Secretariat and, in doing so,

shall ensure that -

(A) a special agent of the Federal Bureau of Investigation,

as designated by the Federal Bureau of Investigation,

accompanies each inspection team visit pursuant to paragraph

(1);

(B) no employee of the Environmental Protection Agency or the

Occupational Safety and Health Administration accompanies any

inspection team visit conducted pursuant to paragraph (1); and

kept to the minimum necessary.

(3) Objections to individuals serving as inspectors

(A) In general

In deciding whether to exercise the right of the United

States under the Convention to object to an individual serving

as an inspector, the President shall give great weight to his

reasonable belief that -

(i) such individual is or has been a member of, or a

participant in, any group or organization that has engaged

in, or attempted or conspired to engage in, or aided or

abetted in the commission of, any terrorist act or activity;

(ii) such individual has committed any act or activity

which would be a felony under the laws of the United States;

(iii) the participation of such individual as a member of

an inspection team would pose a risk to the national security

or economic well-being of the United States.

(B) Not subject to judicial review

Any objection by the President to an individual serving as an

inspector, whether made pursuant to this section or otherwise,

shall not be reviewable in any court.

The requirement under subsection (b)(2)(A) of this section shall

not apply to inspections of United States chemical weapons

destruction facilities (as used within the meaning of part

IV(C)(13) of the Verification Annex to the Convention).

-SOURCE-

(Pub. L. 105-277, div. I, title III, Sec. 303, Oct. 21, 1998, 112

Stat. 2681-873; Pub. L. 106-280, title III, Sec. 305, Oct. 6, 2000,

114 Stat. 854; Pub. L. 107-107, div. A, title XII, Sec. 1204(a),

Dec. 28, 2001, 115 Stat. 1247.)

-MISC1-

AMENDMENTS

2001 - Subsec. (b)(2). Pub. L. 107-107 inserted "(and, in the

case of an inspection of a United States Government facility, the

designation of contractor personnel who shall be led by an employee

of the Federal Government)" after "designation of employees of the

Federal Government" in introductory provisions.

2000 - Subsec. (c). Pub. L. 106-280 added subsec. (c).

PROTECTION OF UNITED STATES COMPANIES

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. B, title XI, Sec.

1117], Nov. 29, 1999, 113 Stat. 1536, 1501A-489, provided that:

"(a) Reimbursement. - During the 2-year period beginning on the

date of the enactment of this Act [Nov. 29, 1999], the United

States National Authority (as designated pursuant to section 101 of

the Chemical Weapons Convention Implementation Act of 1998 [22

U.S.C. 6711] (as contained in division I of Public Law 105-277))

shall, upon request of the Director of the Federal Bureau of

Investigation, reimburse the Federal Bureau of Investigation for

all costs incurred by the Bureau for such period in connection with

implementation of section 303(b)(2)(A) of that Act [22 U.S.C.

6723(b)(2)(A)], except that such reimbursement may not exceed

$2,000,000 for such 2-year period.

"(b) Report. - Not later than 180 days prior to the expiration of

the 2-year period described in subsection (a), the Director of the

Federal Bureau of Investigation shall prepare and submit to the

Committee on International Relations of the House of

Representatives and the Committee on Foreign Relations of the

Senate a report on how activities under section 303(b)(2)(A) of the

Chemical Weapons Convention Implementation Act of 1998 [22 U.S.C.

6723(b)(2)(A)] will be fully funded and implemented by the Federal

Bureau of Investigation notwithstanding the expiration of the

2-year period described in subsection (a)."

-End-

-CITE-

22 USC Sec. 6724 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER II - INSPECTIONS

-HEAD-

Sec. 6724. Procedures for inspections

-STATUTE-

(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, except where other procedures are provided in a facility

agreement entered into under section 6722 of this title.

(b) Notice

(1) In general

An inspection referred to in subsection (a) of this section 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 of inspection

sought;

(iii) the time and date that the inspection will begin and

the period covered by the inspection; and

(iv) the names and titles of the inspectors.

(B) Special rule for challenge inspections

In the case of a challenge inspection pursuant to Article IX

of the Convention, the notice shall also include all

appropriate evidence or reasons provided by the requesting

state party to the Convention for seeking the inspection.

(4) Separate notices required

A separate notice shall be provided for each inspection, except

that a notice shall not be required for each entry made during

the period covered by the inspection.

The head of the inspection team of the Technical Secretariat and

the accompanying employees of the Federal Government (and, in the

case of an inspection of a United States Government facility, any

accompanying contractor personnel) shall display appropriate

identifying credentials to the owner, operator, occupant, or agent

in charge of the premises before the inspection is commenced.

(d) Timeframe for inspections

Consistent with the provisions of the Convention, each inspection

shall be commenced and completed with reasonable promptness and

shall be conducted at reasonable times, within reasonable limits,

and in a reasonable manner.

(e) Scope

(1) In general

Except as provided in a warrant issued under section 6725 of

this title or a facility agreement entered into under section

6722 of this title, an inspection conducted under this subchapter

may extend to all things within the premises inspected (including

records, files, papers, processes, controls, structures and

vehicles) related to whether the requirements of the Convention

applicable to such premises have been complied with.

(2) Exception

Unless required by the Convention, no inspection under this

subchapter shall extend to -

(A) financial data;

(B) sales and marketing data (other than shipment data);

(D) personnel data;

(E) research data;

(F) patent data;

(G) data maintained for compliance with environmental or

occupational health and safety regulations; or

(H) personnel and vehicles entering and personnel and

personal passenger vehicles exiting the facility.

(f) Sampling and safety

(1) In general

The Director of the United States National Authority is

authorized to require the provision of samples to a member of the

inspection team of the Technical Secretariat in accordance with

the provisions of the Convention. The owner or the operator,

occupant or agent in charge of the premises to be inspected shall

determine whether the sample shall be taken by representatives of

the premises or the inspection team or other individuals present.

No sample collected in the United States pursuant to an

inspection permitted by this chapter may be transferred for

analysis to any laboratory outside the territory of the United

States.

(2) Compliance with regulations

In carrying out their activities, members of the inspection

team of the Technical Secretariat and representatives of agencies

or departments accompanying the inspection team shall observe

safety regulations established at the premises to be inspected,

including those for protection of controlled environments within

a facility and for personal safety.

(g) Coordination

The appropriate representatives of the United States, as

designated, if present, shall assist the owner and the operator,

occupant or agent in charge of the premises to be inspected in

interacting with the members of the inspection team of the

Technical Secretariat.

-SOURCE-

(Pub. L. 105-277, div. I, title III, Sec. 304, Oct. 21, 1998, 112

Stat. 2681-874; Pub. L. 107-107, div. A, title XII, Sec. 1204(b),

Dec. 28, 2001, 115 Stat. 1247.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (f)(1), 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 under section 6701 of this title and Tables.

-MISC1-

AMENDMENTS

2001 - Subsec. (c). Pub. L. 107-107 substituted "Federal

Government (and, in the case of an inspection of a United States

Government facility, any accompanying contractor personnel)" for

"Federal government".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6713, 6725 of this title.

-End-

-CITE-

22 USC Sec. 6725 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER II - INSPECTIONS

-HEAD-

Sec. 6725. Warrants

-STATUTE-

(a) In general

The United States Government shall seek the consent of the owner

or the operator, occupant, or agent in charge of the premises to be

inspected prior to any inspection referred to in section 6724(a) of

this title. If consent is obtained, a warrant is not required for

the inspection. The owner or the operator, occupant, or agent in

charge of the premises to be inspected may withhold consent for any

reason or no reason. After providing notification pursuant to

subsection (b) of this section, the United States Government may

seek a search warrant from a United States magistrate judge.

Proceedings regarding the issuance of a search warrant shall be

conducted ex parte, unless otherwise requested by the United States

Government.

(b) Routine inspections

(1) Obtaining administrative search warrants

For any routine inspection conducted on the territory of the

United States pursuant to Article VI of the Convention, where

consent has been withheld, the United States Government shall

first obtain an administrative search warrant from a judge of the

United States. The United States Government shall provide to the

judge of the United States all appropriate information supplied

by the Technical Secretariat to the United States National

Authority regarding the basis for the selection of the plant

site, plant, or other facility or location for the type of

inspection sought. The United States Government shall also

provide any other appropriate information available to it

relating to the reasonableness of the selection of the plant,

plant site, or other facility or location for the inspection.

(2) Content of affidavits for administrative search warrants

The judge of the United States shall promptly issue a warrant

authorizing the requested inspection upon an affidavit submitted

by the United States Government showing that -

(A) the Chemical Weapons Convention is in force for the

United States;

(B) the plant site, plant, or other facility or location

sought to be inspected is required to report data under

subchapter III of this chapter and is subject to routine

inspection under the Convention;

(i) in the case of any facility owned or operated by a

non-Government entity related to Schedule 1 chemical agents,

to verify that the facility is not used to produce any

Schedule 1 chemical agent except for declared chemicals;

quantities of Schedule 1 chemicals produced, processed, or

consumed are correctly declared and consistent with needs for

the declared purpose; and Schedule 1 chemicals are not

diverted or used for other purposes;

(ii) in the case of any facility related to Schedule 2

chemical agents, to verify that activities are in accordance

with obligations under the Convention and consistent with the

information provided in data declarations; and

(iii) in the case of any facility related to Schedule 3

chemical agents and any other chemical production facility,

to verify that the activities of the facility are consistent

with the information provided in data declarations;

(D) the items, documents, and areas to be searched and

seized;

(E) in the case of a facility related to Schedule 2 or

Schedule 3 chemical agents or unscheduled discrete organic

chemicals, the plant site has not been subject to more than 1

routine inspection in the current calendar year, and, in the

case of facilities related to Schedule 3 chemical agents or

unscheduled discrete organic chemicals, the inspection will not

cause the number of routine inspections in the United States to

exceed 20 in a calendar year;

(F) the selection of the site was made in accordance with

procedures established under the Convention and, in particular

(i) in the case of any facility owned or operated by a

non-Government entity related to Schedule 1 chemical agents,

the intensity, duration, timing, and mode of the requested

inspection is based on the risk to the object and purpose of

the Convention by the quantities of chemical produced, the

characteristics of the facility and the nature of activities

carried out at the facility, and the requested inspection,

when considered with previous such inspections of the

facility undertaken in the current calendar year, shall not

exceed the number reasonably required based on the risk to

the object and purpose of the Convention as described above;

(ii) in the case of any facility related to Schedule 2

chemical agents, the Technical Secretariat gave due

consideration to the risk to the object and purpose of the

Convention posed by the relevant chemical, the

characteristics of the plant site and the nature of

activities carried out there, taking into account the

respective facility agreement as well as the results of the

initial inspections and subsequent inspections; and

(iii) in the case of any facility related to Schedule 3

chemical agents or unscheduled discrete organic chemicals,

the facility was selected randomly by the Technical

Secretariat using appropriate mechanisms, such as

specifically designed computer software, on the basis of two

weighting factors: (I) equitable geographical distribution of

inspections; and (II) the information on the declared sites

available to the Technical Secretariat, related to the

relevant chemical, the characteristics of the plant site, and

the nature of activities carried out there;

(G) the earliest commencement and latest closing dates and

times of the inspection; and

(H) the duration of inspection will not exceed time limits

specified in the Convention unless agreed by the owner,

operator, or agent in charge of the plant.

(3) Content of warrants

A warrant issued under paragraph (2) shall specify the same

matters required of an affidavit under that paragraph. In

addition to the requirements for a warrant issued under this

paragraph, each warrant shall contain, if known, the identities

of the representatives of the Technical Secretariat conducting

the inspection and the observers of the inspection and, if

applicable, the identities of the representatives of agencies or

departments of the United States accompanying those

representatives.

(4) Challenge inspections

(A) Criminal search warrant

For any challenge inspection conducted on the territory of

the United States pursuant to Article IX of the Chemical

Weapons Convention, where consent has been withheld, the United

States Government shall first obtain from a judge of the United

States a criminal search warrant based upon probable cause,

supported by oath or affirmation, and describing with

particularity the place to be searched and the person or things

to be seized.

(B) Information provided

The United States Government shall provide to the judge of

the United States -

(i) all appropriate information supplied by the Technical

Secretariat to the United States National Authority regarding

the basis for the selection of the plant site, plant, or

other facility or location for the type of inspection sought;

(ii) any other appropriate information relating to the

reasonableness of the selection of the plant, plant site, or

other facility or location for the inspection;

(iii) information concerning -

(I) the duration and scope of the inspection;

(II) areas to be inspected;

(III) records and data to be reviewed; and

(IV) samples to be taken;

(iv) appropriate evidence or reasons provided by the

requesting state party for the inspection;

(v) any other evidence showing probable cause to believe

that a violation of this chapter has occurred or is

occurring; and

(vi) the identities of the representatives of the Technical

Secretariat on the inspection team and the Federal Government

employees accompanying the inspection team.

The warrant shall specify -

(i) the type of inspection authorized;

(ii) the purpose of the inspection;

(iii) the type of plant site, plant, or other facility or

location to be inspected;

(iv) the areas of the plant site, plant, or other facility

or location to be inspected;

(v) the items, documents, data, equipment, and computers

that may be inspected or seized;

(vi) samples that may be taken;

(vii) the earliest commencement and latest concluding dates

and times of the inspection; and

(viii) the identities of the representatives of the

Technical Secretariat on the inspection teams and the Federal

Government employees accompanying the inspection team.

-SOURCE-

(Pub. L. 105-277, div. I, title III, Sec. 305, Oct. 21, 1998, 112

Stat. 2681-875.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(4)(B)(v), 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 under section 6701 of this title and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For authority of Secretary of Commerce to obtain and execute

certain warrants pursuant to this section, see section 4 of Ex.

Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note

under section 6711 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6724 of this title.

-End-

-CITE-

22 USC Sec. 6726 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER II - INSPECTIONS

-HEAD-

Sec. 6726. Prohibited acts relating to inspections

-STATUTE-

It shall be unlawful for any person willfully to fail or refuse

to permit entry or inspection, or to disrupt, delay, or otherwise

impede an inspection, authorized by this chapter.

-SOURCE-

(Pub. L. 105-277, div. I, title III, Sec. 306, Oct. 21, 1998, 112

Stat. 2681-878.)

-REFTEXT-

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 under section

6701 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6761, 6762 of this title.

-End-

-CITE-

22 USC Sec. 6727 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER II - INSPECTIONS

-HEAD-

Sec. 6727. National security exception

-STATUTE-

Consistent with the objective of eliminating chemical weapons,

the President may deny a request to inspect any facility in the

United States in cases where the President determines that the

inspection may pose a threat to the national security interests of

the United States.

-SOURCE-

(Pub. L. 105-277, div. I, title III, Sec. 307, Oct. 21, 1998, 112

Stat. 2681-878.)

-End-

-CITE-

22 USC Sec. 6728 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER II - INSPECTIONS

-HEAD-

Sec. 6728. Annual report on inspections

-STATUTE-

(a) In general

Not later than one year after October 21, 1998, and annually

thereafter, the President shall submit a report in classified and

unclassified form to the appropriate congressional committees on

inspections made under the Convention during the preceding year.

(b) Content of reports

Each report shall contain the following information for the

reporting period:

(1) The name of each company or entity subject to the

jurisdiction of the United States reporting data pursuant to

subchapter III of this chapter.

(2) The number of inspections under the Convention conducted on

the territory of the United States.

(3) The number and identity of inspectors conducting any

inspection described in paragraph (2) and the number of

inspectors barred from inspection by the United States.

(4) The cost to the United States for each inspection described

in paragraph (2).

(5) The total costs borne by United States business firms in

the course of inspections described in paragraph (2).

(6) A description of the circumstances surrounding inspections

described in paragraph (2), including instances of possible

industrial espionage and misconduct of inspectors.

(7) The identity of parties claiming loss of trade secrets, the

circumstances surrounding those losses, and the efforts taken by

the United States Government to redress those losses.

(8) A description of instances where inspections under the

Convention outside the United States have been disrupted or

delayed.

The term "appropriate congressional committees" means the

Committee on the Judiciary, the Committee on Foreign Relations, and

the Select Committee on Intelligence of the Senate and the

Committee on the Judiciary, the Committee on International

Relations, and the Permanent Select Committee on Intelligence of

the House of Representatives.

-SOURCE-

(Pub. L. 105-277, div. I, title III, Sec. 309, Oct. 21, 1998, 112

Stat. 2681-879.)

-End-

-CITE-

22 USC Sec. 6729 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER II - INSPECTIONS

-HEAD-

Sec. 6729. United States assistance in inspections at private

facilities

-STATUTE-

(a) Assistance in preparation for inspections

At the request of an owner of a facility not owned or operated by

the United States Government, or contracted for use by or for the

United States Government, the Secretary of Defense may assist the

facility to prepare the facility for possible inspections pursuant

to the Convention.

(b) Reimbursement requirement

(1) In general

Except as provided in paragraph (2), the owner of a facility

provided assistance under subsection (a) of this section shall

reimburse the Secretary for the costs incurred by the Secretary

in providing the assistance.

(2) Exception

In the case of assistance provided under subsection (a) of this

section to a facility owned by a person described in subsection

reimburse the Secretary for the costs incurred by the Secretary

in providing the assistance.

reimbursements

Subsection (b)(2) of this section applies in the case of

assistance provided to the following:

(1) Small business concerns

A small business concern as defined in section 632 of title 15.

(2) Domestic producers of Schedule 3 or unscheduled discrete

organic chemicals

Any person located in the United States that -

(A) does not possess, produce, process, consume, import, or

export any Schedule 1 or Schedule 2 chemical; and

(B) in the calendar year preceding the year in which the

assistance is to be provided, produced -

(i) more than 30 metric tons of Schedule 3 or unscheduled

discrete organic chemicals that contain phosphorous, sulfur,

or fluorine; or

(ii) more than 200 metric tons of unscheduled discrete

organic chemicals.

-SOURCE-

(Pub. L. 105-277, div. I, title III, Sec. 310, Oct. 21, 1998, 112

Stat. 2681-880.)

-End-

-CITE-

22 USC SUBCHAPTER III - REPORTS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER III - REPORTS

-HEAD-

SUBCHAPTER III - REPORTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 6725, 6728 of this

title.

-End-

-CITE-

22 USC Sec. 6741 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER III - REPORTS

-HEAD-

Sec. 6741. Reports required by United States National Authority

-STATUTE-

(a) Regulations on recordkeeping

(1) Requirements

The United States National Authority shall ensure that

regulations are prescribed that require each person located in

the United States who produces, processes, consumes, exports, or

imports, or proposes to produce, process, consume, export, or

import, a chemical substance that is subject to the Convention to

(A) maintain and permit access to records related to that

production, processing, consumption, export, or import of such

substance; and

(B) submit to the Director of the United States National

Authority such reports as the United States National Authority

may reasonably require to provide to the Organization, pursuant

to subparagraph 1(a) of the Annex on Confidentiality of the

Convention, the minimum amount of information and data

necessary for the timely and efficient conduct by the

Organization of its responsibilities under the Convention.

(2) Rulemaking

The Director of the United States National Authority shall

ensure that regulations pursuant to this section are prescribed

expeditiously.

(b) Coordination

(1) Avoidance of duplication

To the extent feasible, the United States Government shall not

require the submission of any report that is unnecessary or

duplicative of any report required by or under any other law. The

head of each Federal agency shall coordinate the actions of that

agency with the heads of the other Federal agencies in order to

avoid the imposition of duplicative reporting requirements under

this chapter or any other law.

(2) Definition

As used in paragraph (1), the term "Federal agency" has the

meaning given the term "agency" in section 551(1) of title 5.

-SOURCE-

(Pub. L. 105-277, div. I, title IV, Sec. 401, Oct. 21, 1998, 112

Stat. 2681-880.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(1), 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 under section 6701 of this title and Tables.

-MISC1-

REGULATIONS

Regulations under subsec. (a) to be issued by Department of

Commerce by a date specified by Department of State as United

States National Authority (USNA) and to be reviewed and approved by

USNA in coordination with an interagency group, 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.

-End-

-CITE-

22 USC Sec. 6742 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER III - REPORTS

-HEAD-

Sec. 6742. Prohibition relating to low concentrations of Schedules

2 and 3 chemicals

-STATUTE-

(a) Prohibition

Notwithstanding any other provision of this chapter, no person

located in the United States shall be required to report on, or to

submit to, any routine inspection conducted for the purpose of

verifying the production, possession, consumption, exportation,

importation, or proposed production, possession, consumption,

exportation, or importation of any substance that contains less

than -

(1) 10 percent concentration of a Schedule 2 chemical; or

(2) 80 percent concentration of a Schedule 3 chemical.

(b) Standard for measurement of concentration

The percent concentration of a chemical in a substance shall be

measured on the basis of volume or total weight, which measurement

yields the lesser percent.

-SOURCE-

(Pub. L. 105-277, div. I, title IV, Sec. 402, Oct. 21, 1998, 112

Stat. 2681-881.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), 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 under section 6701 of this title and Tables.

-End-

-CITE-

22 USC Sec. 6743 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER III - REPORTS

-HEAD-

Sec. 6743. Prohibition relating to unscheduled discrete organic

chemicals and coincidental byproducts in waste streams

-STATUTE-

(a) (!1) Prohibition

Notwithstanding any other provision of this chapter, no person

located in the United States shall be required to report on, or to

submit to, any routine inspection conducted for the purpose of

verifying the production, possession, consumption, exportation,

importation, or proposed production, possession, consumption,

exportation, or importation of any substance that is -

(1) an unscheduled discrete organic chemical; and

(2) a coincidental byproduct of a manufacturing or production

process that is not isolated or captured for use or sale during

the process and is routed to, or escapes, from the waste stream

of a stack, incinerator, or wastewater treatment system or any

other waste stream.

-SOURCE-

(Pub. L. 105-277, div. I, title IV, Sec. 403, Oct. 21, 1998, 112

Stat. 2681-881.)

-REFTEXT-

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 under section

6701 of this title and Tables.

-FOOTNOTE-

(!1) So in original. No subsec. (b) has been enacted.

-End-

-CITE-

22 USC Sec. 6744 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER III - REPORTS

-HEAD-

Sec. 6744. Confidentiality of information

-STATUTE-

(a) Freedom of Information Act exemption for certain Convention

information

Except as provided in subsection (b) or (c) of this section, any

confidential business information, as defined in section 6713(g) of

this title, reported to, or otherwise acquired by, the United

States Government under this chapter or under the Convention shall

not be disclosed under section 552(a) of title 5.

(b) Exceptions

(1) Information for the Technical Secretariat

Information shall be disclosed or otherwise provided to the

Technical Secretariat or other states parties to the Chemical

Weapons Convention in accordance with the Convention, in

particular, the provisions of the Annex on the Protection of

Confidential Information.

(2) Information for Congress

Information shall be made available to any committee or

subcommittee of Congress with appropriate jurisdiction upon the

written request of the chairman or ranking minority member of

such committee or subcommittee, except that no such committee or

subcommittee, and no member and no staff member of such committee

or subcommittee, shall disclose such information or material

except as otherwise required or authorized by law.

(3) Information for enforcement actions

Information shall be disclosed to other Federal agencies for

enforcement of this chapter or any other law, and shall be

disclosed or otherwise provided when relevant in any proceeding

under this chapter or any other law, except that disclosure or

provision in such a proceeding shall be made in such manner as to

preserve confidentiality to the extent practicable without

impairing the proceeding.

(1) Authority

The United States Government shall disclose any information

reported to, or otherwise required by the United States

Government under this chapter or the Convention, including

categories of such information, that it determines is in the

national interest to disclose and may specify the form in which

such information is to be disclosed.

(2) Notice of disclosure

(A) Requirement

If any Department or agency of the United States Government

proposes pursuant to paragraph (1) to publish or disclose or

otherwise provide information exempt from disclosure under

subsection (a) of this section, the United States National

Authority shall, unless contrary to national security or law

enforcement needs, provide notice of intent to disclose the

information -

(i) to the person that submitted such information; and

(ii) in the case of information about a person received

from another source, to the person to whom that information

pertains.

The information may not be disclosed until the expiration of 30

days after notice under this paragraph has been provided.

(B) Proceedings on objections

In the event that the person to which the information

pertains objects to the disclosure, the agency shall promptly

review the grounds for each objection of the person and shall

afford the objecting person a hearing for the purpose of

presenting the objections to the disclosure. Not later than 10

days before the scheduled or rescheduled date for the

disclosure, the United States National Authority shall notify

such person regarding whether such disclosure will occur

notwithstanding the objections.

(d) Criminal penalty for wrongful disclosure

Any officer or employee of the United States, and any former

officer or employee of the United States, who by reason of such

employment or official position has obtained possession of, or has

access to, information the disclosure or other provision of which

is prohibited by subsection (a) of this section, and who, knowing

that disclosure or provision of such information is prohibited by

such subsection, willfully discloses or otherwise provides the

information in any manner to any person (including any person

located outside the territory of the United States) not authorized

to receive it, shall be fined under title 18 or imprisoned for not

more than five years, or both.

(e) Criminal forfeiture

The property of any person who violates subsection (d) of this

section shall be subject to forfeiture to the United States in the

same manner and to the same extent as is provided in section 229C

(!1) of title 18.

(f) International inspectors

The provisions of this section shall also apply to employees of

the Technical Secretariat.

-SOURCE-

(Pub. L. 105-277, div. I, title IV, Sec. 404, Oct. 21, 1998, 112

Stat. 2681-882.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (b)(3), and (c)(1),

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 under section 6701 of this title and

Tables.

-FOOTNOTE-

(!1) So in original. Probably should be section "229B".

-End-

-CITE-

22 USC Sec. 6745 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER III - REPORTS

-HEAD-

Sec. 6745. Recordkeeping violations

-STATUTE-

It shall be unlawful for any person willfully to fail or refuse -

(1) to establish or maintain any record required by this

chapter or any regulation prescribed under this chapter;

(2) to submit any report, notice, or other information to the

United States Government in accordance with this chapter or any

regulation prescribed under this chapter; or

(3) to permit access to or copying of any record that is exempt

from disclosure under this chapter or any regulation prescribed

under this chapter.

-SOURCE-

(Pub. L. 105-277, div. I, title IV, Sec. 405, Oct. 21, 1998, 112

Stat. 2681-883.)

-REFTEXT-

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 under section

6701 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 6761, 6762 of this title.

-End-

-CITE-

22 USC SUBCHAPTER IV - ENFORCEMENT 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

SUBCHAPTER IV - ENFORCEMENT

-End-

-CITE-

22 USC Sec. 6761 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 6761. Penalties

-STATUTE-

(a) Civil

(1) Penalty amounts

(A) Prohibited acts relating to inspections

Any person that is determined, in accordance with paragraph

(2), to have violated section 6726 of this title shall be

required by order to pay a civil penalty in an amount not to

exceed $25,000 for each such violation. For purposes of this

paragraph, each day such a violation of section 6726 of this

title continues shall constitute a separate violation of that

section.

(B) Recordkeeping violations

Any person that is determined, in accordance with paragraph

(2), to have violated section 6745 of this title shall be

required by order to pay a civil penalty in an amount not to

exceed $5,000 for each such violation.

(2) Hearing

(A) In general

Before imposing an order described in paragraph (1) against a

person under this subsection for a violation of section 6726 or

6745 of this title, the Secretary of State shall provide the

person or entity with notice and, upon request made within 15

days of the date of the notice, a hearing respecting the

violation.

(B) Conduct of hearing

Any hearing so requested shall be conducted before an

administrative law judge. The hearing shall be conducted in

accordance with the requirements of section 554 of title 5. If

no hearing is so requested, the Secretary of State's imposition

of the order shall constitute a final and unappealable order.

If the administrative law judge determines, upon the

preponderance of the evidence received, that a person or entity

named in the complaint has violated section 6726 or 6745 of

this title, the administrative law judge shall state his

findings of fact and issue and cause to be served on such

person or entity an order described in paragraph (1).

(D) Factors for determination of penalty amounts

In determining the amount of any civil penalty, the

administrative law judge shall take into account the nature,

circumstances, extent, and gravity of the violation or

violations and, with respect to the violator, the ability to

pay, effect on ability to continue to do business, any history

of prior such violations, the degree of culpability, the

existence of an internal compliance program, and such other

matters as justice may require.

(3) Administrative appellate review

The decision and order of an administrative law judge shall

become the final agency decision and order of the head of the

United States National Authority unless, within 30 days, the head

of the United States National Authority modifies or vacates the

decision and order, with or without conditions, in which case the

decision and order of the head of the United States National

Authority shall become a final order under this subsection.

(4) Offsets

The amount of the civil penalty under a final order of the

United States National Authority may be deducted from any sums

owed by the United States to the person.

(5) Judicial review

A person adversely affected by a final order respecting an

assessment may, within 30 days after the date the final order is

issued, file a petition in the Court of Appeals for the District

of Columbia Circuit or for any other circuit in which the person

resides or transacts business.

(6) Enforcement of orders

If a person fails to comply with a final order issued under

this subsection against the person or entity -

(A) after the order making the assessment has become a final

order and if such person does not file a petition for judicial

review of the order in accordance with paragraph (5), or

(B) after a court in an action brought under paragraph (5)

has entered a final judgment in favor of the United States

National Authority,

the Secretary of State shall file a suit to seek compliance with

the order in any appropriate district court of the United States,

plus interest at currently prevailing rates calculated from the

date of expiration of the 30-day period referred to in paragraph

(5) or the date of such final judgment, as the case may be. In

any such suit, the validity and appropriateness of the final

order shall not be subject to review.

(b) Criminal

Any person who knowingly violates any provision of section 6726

or 6745 of this title, shall, in addition to or in lieu of any

civil penalty which may be imposed under subsection (a) of this

section for such violation, be fined under title 18, imprisoned for

not more than one year, or both.

-SOURCE-

(Pub. L. 105-277, div. I, title V, Sec. 501, Oct. 21, 1998, 112

Stat. 2681-883.)

-TRANS-

DELEGATION OF FUNCTIONS

For authority of Secretary of Commerce to carry out certain

functions with respect to proceedings under subsec. (a), and to

issue regulations with respect thereto, see section 4 of Ex. Ord.

No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under

section 6711 of this title.

-End-

-CITE-

22 USC Sec. 6762 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 6762. Specific enforcement

-STATUTE-

(a) Jurisdiction

The district courts of the United States shall have jurisdiction

over civil actions to -

(1) restrain any violation of section 6726 or 6745 of this

title; and

(2) compel the taking of any action required by or under this

chapter or the Convention.

(b) Civil actions

(1) In general

A civil action described in subsection (a) of this section may

be brought -

(A) in the case of a civil action described in subsection

(a)(1) of this section, in the United States district court for

the judicial district in which any act, omission, or

transaction constituting a violation of section 6726 or 6745 of

this title occurred or in which the defendant is found or

transacts business; or

(B) in the case of a civil action described in subsection

(a)(2) of this section, in the United States district court for

the judicial district in which the defendant is found or

transacts business.

(2) Service of process

In any such civil action process may be served on a defendant

wherever the defendant may reside or may be found, whether the

defendant resides or may be found within the United States or

elsewhere.

-SOURCE-

(Pub. L. 105-277, div. I, title V, Sec. 502, Oct. 21, 1998, 112

Stat. 2681-885.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a)(2), 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 under section 6701 of this title and Tables.

-End-

-CITE-

22 USC Sec. 6763 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER IV - ENFORCEMENT

-HEAD-

Sec. 6763. Expedited judicial review

-STATUTE-

(a) Civil action

Any person or entity subject to a search under this chapter may

file a civil action challenging the constitutionality of any

provision of this chapter. Notwithstanding any other provision of

law, during the full calendar year of, and the two full calendar

years following October 21, 1998, the district court shall accord

such a case a priority in its disposition ahead of all other civil

actions except for actions challenging the legality and conditions

of confinement.

(b) En banc review

Notwithstanding any other provision of law, during the full

calendar year of, and the two full calendar years following October

21, 1998, any appeal from a final order entered by a district court

in an action brought under subsection (a) of this section shall be

heard promptly by the full Court of Appeals sitting en banc.

-SOURCE-

(Pub. L. 105-277, div. I, title V, Sec. 503, Oct. 21, 1998, 112

Stat. 2681-885.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), 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 under section 6701 of this title and Tables.

-End-

-CITE-

22 USC SUBCHAPTER V - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-End-

-CITE-

22 USC Sec. 6771 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 75 - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION

SUBCHAPTER V - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 6771. Prohibition

-STATUTE-

(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) of this section may be construed to

prohibit actions carried out for purposes not prohibited by this

chapter (as defined in section 6701(8) of this title).

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.

-SOURCE-

(Pub. L. 105-277, div. I, title VI, Sec. 602, Oct. 21, 1998, 112

Stat. 2681-886.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), 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 under section 6701 of this title and Tables.

-End-

Descargar

Enviado por:	El remitente no desea revelar su nombre
Idioma:	inglés
País:	Estados Unidos

Palabras clave:

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

Te va a interesar