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U.S. Code as of:
01/19/04
Section 229F. Definitions
In this chapter:
(1) Chemical weapon. - The term "chemical weapon" means the
following, together or separately:
(A) A toxic chemical and its precursors, except where
intended for a purpose not prohibited under this chapter as
long as the type and quantity is consistent with such a
purpose.
(B) A munition or device, specifically designed to cause
death or other harm through toxic properties of those toxic
chemicals specified in subparagraph (A), which would be
released as a result of the employment of such munition or
device.
(C) Any equipment specifically designed for use directly in
connection with the employment of munitions or devices
specified in subparagraph (B).
(2) Chemical weapons convention; convention. - The terms
"Chemical Weapons Convention" and "Convention" mean the
Convention on the Prohibition of the Development, Production,
Stockpiling and Use of Chemical Weapons and on Their Destruction,
opened for signature on January 13, 1993.
(3) Key component of a binary or multicomponent chemical
system. - The term "key component of a binary or multicomponent
chemical system" means the precursor which plays the most
important role in determining the toxic properties of the final
product and reacts rapidly with other chemicals in the binary or
multicomponent system.
(4) National of the united states. - The term "national of the
United States" has the same meaning given such term in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
(5) Person. - The term "person", except as otherwise provided,
means any individual, corporation, partnership, firm,
association, trust, estate, public or private institution, any
State or any political subdivision thereof, or any political
entity within a State, any foreign government or nation or any
agency, instrumentality or political subdivision of any such
government or nation, or other entity located in the United
States.
(6) Precursor. -
(A) In general. - The term "precursor" means any chemical
reactant which takes part at any stage in the production by
whatever method of a toxic chemical. The term includes any key
component of a binary or multicomponent chemical system.
(B) List of precursors. - Precursors which have been
identified for the application of verification measures under
Article VI of the Convention are listed in schedules contained
in the Annex on Chemicals of the Chemical Weapons Convention.
(7) Purposes not prohibited by this chapter. - The term
"purposes not prohibited by this chapter" means the following:
(A) Peaceful purposes. - Any peaceful purpose related to an
industrial, agricultural, research, medical, or pharmaceutical
activity or other activity.
(B) Protective purposes. - Any purpose directly related to
protection against toxic chemicals and to protection against
chemical weapons.
(C) Unrelated military purposes. - Any military purpose of
the United States that is not connected with the use of a
chemical weapon or that is not dependent on the use of the
toxic or poisonous properties of the chemical weapon to cause
death or other harm.
(D) Law enforcement purposes. - Any law enforcement purpose,
including any domestic riot control purpose and including
imposition of capital punishment.
(8) Toxic chemical. -
(A) In general. - The term "toxic chemical" means any
chemical which through its chemical action on life processes
can cause death, temporary incapacitation or permanent harm to
humans or animals. The term includes all such chemicals,
regardless of their origin or of their method of production,
and regardless of whether they are produced in facilities, in
munitions or elsewhere.
(B) List of toxic chemicals. - Toxic chemicals which have
been identified for the application of verification measures
under Article VI of the Convention are listed in schedules
contained in the Annex on Chemicals of the Chemical Weapons
Convention.
(9) United states. - The term "United States" means the several
States of the United States, the District of Columbia, and the
commonwealths, territories, and possessions of the United States
and includes all places under the jurisdiction or control of the
United States, including -
(A) any of the places within the provisions of paragraph (41)
of section 40102 of title 49, United States Code;
(B) any civil aircraft of the United States or public
aircraft, as such terms are defined in paragraphs (17) and
(37), respectively, of section 40102 of title 49, United States
Code; and
(C) any vessel of the United States, as such term is defined
in section 3(b) of the Maritime Drug Enforcement Act, as
amended (46 U.S.C., App. sec. 1903(b)).
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