Title 22 — Foreign Relations and IntercourseRelease 119-73
§6701 Definitions
Title 22 › Chapter CHAPTER 75— - CHEMICAL WEAPONS CONVENTION IMPLEMENTATION › § 6701
Summary
Defines words used in the chapter about chemical weapons. A "chemical weapon" can mean (1) a toxic chemical or its ingredient unless it is clearly for an allowed use in the right amount, (2) a bomb or device made to hurt people by releasing those toxic chemicals, or (3) equipment made just to use with those bombs or devices. The "Chemical Weapons Convention" is the treaty opened for signature on January 13, 1993. A "key component" of a binary system is the precursor that mainly decides how toxic the final chemical will be and that reacts quickly. "National of the United States" means what 8 U.S.C. 1101(a)(22) says. "Organization" means the Organization for the Prohibition of Chemical Weapons. "Person" covers individuals, companies, governments, states, and many other entities. A "precursor" is any chemical used at any step to make a toxic chemical and includes a key component. Precursors and toxic chemicals meant for verification under Article VI are listed in the Convention’s Annex schedules. "Purposes not prohibited" include peaceful industry, agriculture, research, medicine, protection against chemical threats, U.S. military uses that do not rely on chemical poisoning, and law enforcement (including riot control and capital punishment). "Technical Secretariat" means the OPCW’s technical office. Schedule 1, 2, and 3 chemicals are specific lists in the law; Schedule 1 includes agents like sarin, soman, VX, mustard agents, lewisites, saxitoxin, and ricin; Schedule 2 and 3 include other named toxic and industrial chemicals and groups of related compounds. "Toxic chemical" means any chemical that can cause death, temporary disability, or lasting harm to people or animals, no matter how or where it was made. "United States" includes the states, D.C., U.S. territories and possessions, any place under U.S. control, U.S. civil or public aircraft, and U.S. vessels. An "unscheduled discrete organic chemical" is any carbon-based compound not listed in the Convention schedules, except carbon oxides, sulfides, and metal carbonates.
Full Legal Text
Title 22, §6701
Foreign Relations and Intercourse — Source: USLM XML via OLRC
In this chapter:
(1)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)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)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)The term “national of the United States” has the same meaning given such term in section 1101(a)(22) of title 8.
(5)The term “Organization” means the Organization for the Prohibition of Chemical Weapons.
(6)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)(A)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)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)The term “purposes not prohibited by this chapter” means the following:
(A)Any peaceful purpose related to an industrial, agricultural, research, medical, or pharmaceutical activity or other activity.
(B)Any purpose directly related to protection against toxic chemicals and to protection against chemical weapons.
(C)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)Any law enforcement purpose, including any domestic riot control purpose and including imposition of capital punishment.
(9)The term “Technical Secretariat” means the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons established by the Chemical Weapons Convention.
(10)The term “Schedule 1 chemical agent” means any of the following, together or separately:
(A)O-Alkyl (≤C10, incl. cycloalkyl) alkyl(Me, Et, n-Pr or i-Pr)-phosphonofluoridates (e.g. Sarin: O-Isopropyl methylphosphonofluoridate Soman: O-Pinacolyl methylphosphonofluoridate).
(B)O-Alkyl (≤C10, incl. cycloalkyl) N,N-dialkyl(Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates (e.g. Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate).
(C)O-Alkyl (H or ≤C10, incl. cycloalkyl) S-2-dialkyl(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 11 So in original. Probably should not be preceded by an open parenthesis. 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) phosphonyldifluoridese.g. DF: Methylphosphonyldifluoride.
(J)O-Alkyl (H or ≤C10, 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)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.
(C)BZ: 3-Quinuclidinyl benzilate
(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 saltsExemptions: 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)The term “Schedule 3 chemical agent” means any of the following, together or separately:
(A)Phosgene: carbonyl dichloride.
(B)Cyanogen chloride.
(C)Hydrogen cyanide.
(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)(A)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)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)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) 22 See References in Text note below. 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),2 respectively, of section 40102 of title 49; and
(C)any vessel of the United States, as such term is defined in section 70502(b) of title 46.
(15)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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
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. Paragraphs (17), (37), and (41) of section 40102 of title 49, referred to in par. (14)(A), (B), probably were originally meant to refer to paragraphs (17), (37), and (41) of subsection (a) of section 40102 of title 49. Paragraphs (37) and (41) were subsequently redesignated as (41) and (46), respectively, by Pub. L. 108–176, title II, § 225(a)(1), (3), Dec. 12, 2003, 117 Stat. 2528. Codification In par. 14(C), “section 70502(b) of title 46” substituted for “section 3(b) of the Maritime Drug
Enforcement
Act, as amended (46 U.S.C., App. sec. 1903(b))”, meaning section 3(b) of the Maritime Drug Law
Enforcement
Act, on authority of Pub. L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 70502 of Title 46, Shipping.
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 105–277, div. I, § 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
, 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.
Executive Documents
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.
Reference
Citations & Metadata
Citation
22 U.S.C. § 6701
Title 22 — Foreign Relations and Intercourse
Last Updated
Apr 6, 2026
Release point: 119-73