Title 22, Foreign Relations and IntercourseRelease 119-110

§6701 Definitions

Title 22 › CHAPTER 75 — CHEMICAL WEAPONS CONVENTION IMPLEMENTATION › § 6701

Last updated Sep 23, 2026|Official source

Summary

Defines important words used in the chapter about chemical weapons. It explains what counts as a chemical weapon, what chemicals and lists are covered, and which organizations and places the rules apply to. Chemical weapon — covers toxic chemicals and their precursors unless they are used for an allowed purpose in a type and amount that fits that purpose; it also covers munitions or devices made to spread such chemicals and equipment made to use those munitions. Chemical Weapons Convention (the Convention) — the treaty opened for signature on January 13, 1993. Key component of a binary or multicomponent system — the precursor that mostly decides how toxic the final product is and that reacts quickly. National of the United States — defined the same way as in section 1101(a)(22) of title 8. Organization — the Organization for the Prohibition of Chemical Weapons. Person — any individual or many kinds of organizations, governments, political units, or other entities located in the United States. Precursor — any chemical used at any step to make a toxic chemical; key components are included and those precursors for verification are listed in schedules in the Convention Annex. Purposes not prohibited — four kinds: peaceful (industry, farming, research, medical, pharmaceutical), protective (defending against toxic chemicals), unrelated U.S. military uses that do not rely on toxicity, and law enforcement (including riot control and capital punishment). Technical Secretariat — the OPCW’s Technical Secretariat. Schedule 1, 2, and 3 chemical agents — specific groups of chemicals listed in the Convention Annex (Schedule 1 names the most dangerous agents, with examples such as Sarin, VX, sulfur mustards, ricin). Toxic chemical — any chemical that can kill, temporarily disable, or permanently harm people or animals; those covered for verification are listed in the Convention Annex. United States — includes the 50 states, the District of Columbia, U.S. commonwealths, territories, possessions, and places under U.S. control, including locations in paragraph (41) of section 40102 of title 49, U.S. civil or public aircraft as defined in that title, and vessels defined in section 70502(b) of title 46. Unscheduled discrete organic chemical — any carbon-based compound not on the Convention schedules, except for 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)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 1101(a)(22) of title 8.
(5)Organization
The term “Organization” means the Organization for the Prohibition of Chemical Weapons.
(6)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.
(7)Precursor (8) Purposes not prohibited by this chapter
(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.
(9)Technical Secretariat
The term “Technical Secretariat” means the Technical Secretariat of the Organization for the Prohibition of Chemical Weapons established by the Chemical Weapons Convention.
(10)Schedule 1 chemical agent
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 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) phosphonyldifluorides e.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)Schedule 2 chemical agent
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 salts Exemptions: 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)Schedule 3 chemical agent
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)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.
(14)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;
(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)Unscheduled discrete organic chemical
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

Sep 23, 2026

Release point: 119-110