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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.]
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