§ 229. — Prohibited activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC229]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11B--CHEMICAL WEAPONS
Sec. 229. Prohibited activities
(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.
(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.]
Section Referred to in Other Sections
This section is referred to in sections 229A, 229D, 229E, 2332b,
2339, 2339A, 2516 of this title.
