§229 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Making, possessing, moving, or using chemical weapons is illegal if a person knows what they are doing. It is also illegal to help, encourage, try, or plan to do any of those things, or to threaten to use a chemical weapon. The rule does not apply when a U.S. department, agency, or a person the U.S. authorizes (including members of the Armed Forces) holds or handles a chemical weapon while it is being destroyed. In an emergency, a person who is not otherwise at fault may try to seize or destroy a weapon without breaking this rule. The law applies when the act happens in the United States, when a U.S. national does it abroad, when it is done against a U.S. national abroad, or when it involves U.S.-owned, leased, or used property anywhere.

Title 18, §229

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)(1)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)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)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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Revocations of Export Privileges Pub. L. 105–277, div. I, title II, § 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 [former] section 16 of the Export Administration Act of 1979 (50 U.S.C. App. 2415)) [former 50 U.S.C. 4618].” [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.]

Executive Documents

Authority to Issue

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.

§229 Prohibited activities

Summary

Title 18, §229

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Executive Documents

Regulations

Regulations

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