CITE
18 USC Sec. 229 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 11B - CHEMICAL WEAPONS
HEAD
Sec. 229. Prohibited activities
STATUTE
(a) Unlawful Conduct. - Except as provided in subsection (b), it
shall be unlawful for any person knowingly -
(1) to develop, produce, otherwise acquire, transfer directly
or indirectly, receive, stockpile, retain, own, possess, or use,
or threaten to use, any chemical weapon; or
(2) to assist or induce, in any way, any person to violate
paragraph (1), or to attempt or conspire to violate paragraph
(1).
(b) Exempted Agencies and Persons. -
(1) In general. - Subsection (a) does not apply to the
retention, ownership, possession, transfer, or receipt of a
chemical weapon by a department, agency, or other entity of the
United States, or by a person described in paragraph (2), pending
destruction of the weapon.
(2) Exempted persons. - A person referred to in paragraph (1)
is -
(A) any person, including a member of the Armed Forces of the
United States, who is authorized by law or by an appropriate
officer of the United States to retain, own, possess, transfer,
or receive the chemical weapon; or
(B) in an emergency situation, any otherwise nonculpable
person if the person is attempting to destroy or seize the
weapon.
(c) Jurisdiction. - Conduct prohibited by subsection (a) is
within the jurisdiction of the United States if the prohibited
conduct -
(1) takes place in the United States;
(2) takes place outside of the United States and is committed
by a national of the United States;
(3) is committed against a national of the United States while
the national is outside the United States; or
(4) is committed against any property that is owned, leased, or
used by the United States or by any department or agency of the
United States, whether the property is within or outside the
United States.
SOURCE
(Added Pub. L. 105-277, div. I, title II, Sec. 201(a), Oct. 21,
1998, 112 Stat. 2681-866.)
REGULATIONS
For authority to issue regulations under this chapter, see
section 3 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set
out as a note under section 6711 of Title 22, Foreign Relations and
Intercourse.
REVOCATIONS OF EXPORT PRIVILEGES
Pub. L. 105-277, div. I, title II, Sec. 211, Oct. 21, 1998, 112
Stat. 2681-872, provided that: "If the President determines, after
notice and an opportunity for a hearing in accordance with section
554 of title 5, United States Code, that any person within the
United States, or any national of the United States located outside
the United States, has committed any violation of section 229 of
title 18, United States Code, the President may issue an order for
the suspension or revocation of the authority of the person to
export from the United States any goods or technology (as such
terms are defined in section 16 of the Export Administration Act of
1979 (50 U.S.C. App. 2415))."
[For authority of Secretary of Commerce to suspend or revoke
export privileges pursuant to section 211 of Pub. L. 105-277, set
out above, see section 4 of Ex. Ord. No. 13128, June 25, 1999, 64
F.R. 34703, set out as a note under section 6711 of Title 22,
Foreign Relations and Intercourse.]