Logo An Amazon Concertation

Proposal

Establish new parameters for purchasing, selling and transporting gold within the country.

Problem

In 2013, market deregulation had unexpected consequences in the form of actions that facilitated the process of “gold laundering” or “legalisation” of illegally extracted raw gold. This regulatory change discouraged gold first buyers from investigating the origin of this product. This obligation was replaced by a self-declaration by the miner. As a result, there has been an increase in illegal extraction, which in turn has led to a major escalation in violence and violent conflicts in areas of illegal gold extraction. However, the logic applied to combating these violations has involved repression with substantial investment in reactive action, with no support to proper incentives to inspection using coherent, intelligent strategies.

Goals

It is essential to strengthen the role of the Government in the fight against gold ore smuggling so as to curb the cycle of violence and environmental crimes in the Amazon, especially in indigenous lands. To this end, this Provisional Presidential Decree establishes rules for the purchase, sale and transport of gold in the country. Furthermore, the National Mining Agency, together with other public organisations, must be assigned the responsibility of structuring a transparent system for tracking and monitoring the extracted gold. This way, intelligence could be applied to the processes of monitoring, inspecting and duly penalising offenders.

Main axe

environment

ADMINISTRATIVE SPHERES OF COMPETENCE

federal

Key Actors

Federal Government
States
Municipalities
Legislative
Private sector
Civil society
Local communities

Resources needed

Allocation of existing financial resources
Allocation of existing human resources

steps

01
Provisional Presidential Decree
02
50 days
03
04
100 days
05
VISION FOR THE FUTURE
Adopt Provi- sional Presiden- tial Decree as an enforceable law that establishes rules on legal access to gold.
Present a di- agnosis on the gold registra- tion and track- ing system.
Present a diagnosis on the ability to monitor gold extraction.
Define criteria for extraction title (or license) issuance pro- cess
Implement and monitor strategies to deter illegal gold extraction.
Strengthen the role of the Government in gold traceabil- ity and in the fight against wrongdoing in the gold supply chain

Basic applicable legislation

Decree No. 9.663/1919 - Statute of the Council for Financial Activities Control (COAF).

Decree No. 6.514/2008 - Provides for violations and administrative sanctions regarding the envi- ronment and establishes the federal administrative process for the investigation of these violations.

Law No. 12.844/2013 – Provides for proof of tax compliance by taxpayers; regulates the purchase, sale and transport of gold; and imposes other measures.

Law No. 9.605/1998 - Provides for criminal and economic sanctions resulting from conducts and activities that are harmful to the environment.

Law No. 9.613/1998 - Provides for crimes of “laundering” or concealment of assets, rights and valuables and for preventing the use of the financial system for the illegal activities provided for in this Law; created the Council for Financial Activities Control (COAF).

Law No. 7.766/1989 - Provides for gold as a financial asset, and its tax treatment.

Bills of Interest

Bill No. 2.159/2022 – Amends Laws No. 7.766/1989 and No. 9.613/1998, revokes some articles of Law No. 12.844/2013, and sets new parameters for the purchase, sale and transport of gold within Brazilian borders, characterising administrative or criminal offenses and violations and their respective sanc- tions.

Bill No. 836/2021 – Amends Law No. 7.766/1989 and Law No. 9.613/1998, with the objective of setting parameters for gold trade, and revokes some articles of Law No. 12.844/2013.

RELATED PROPOSALS

Blockchain, traceability and monitoring of Brazilian gold
Instituto Escolhas
https://concertacao.com/G96F

Eliminate good-faith transactions, monitor gold imports from Brazil, digitise all processes and documents, approve Bill 836/2021, and remove benefits to mining.

 

Brazil 2045: building an environmental powerhouse
Observatório do Clima
https://concertacao.com/3red

Expand and tighten controls through the availability and use of public data and the integration of different inspection, monitoring and tracking systems, exports included.

Withdraw Bill No. 191/2020 (mining in indigenous lands), submitted to the Chamber of Deputies, from the Brazilian National Congress; and immediately resume the ongoing land demarcation and land titling processes.

Governing in order not to hand over: a Multidimen- sional Security agenda for the Brazilian Amazon
Instituto Igarapé e Fórum Brasileiro de Segurança Pública
https://concertacao.com/r78k

Ensure traceability and control of the economic supply chains that affect deforestation in the Ama- zon by: (i) strengthening the National Mining Agen- cy (ANM); (ii) using intelligence and information systems for traceability and transparency of supply chains; and (iii) revoking Law No. 12.844/2013, among others.

get to know the other proposals as well
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Land use planning and land tenure
1

Restore spaces of social participation and control within the scope of the Federal Government for monitoring and evaluating food security and nutrition policies.

Esferas administrativas de competência
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Main axis

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Type of draft

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Acai
Food Security and Nutrition
2

Reinstate the National Council for Food Security and Nutrition (CONSEA) within the scope of the government bodies under the President’s office and its Ministries.

Esferas administrativas de competência
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Main axis

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Type of draft

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Abiu
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3

Qualify infrastructure projects in the Brazilian Legal Amazon for the Investment Partnerships Programme (PPI), bringing forward in the decision-making timeline the assessment of socio-environmental impacts.

Esferas administrativas de competência
Federal

Main axis

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Type of draft

executive order
Jarina
Mining
4

Revoke the Support Programme for the Development of Artisanal and Small-Scale Mining.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

executive order
ucuuba
Land use planning and land tenure
6

Form a committee to carry out technical, legal and operational feasibility studies to integrate real estate and land registries.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

executive order
ucuuba
Land use planning and land tenure
7

Create an Interministerial Working Group to formulate a National Land Governance Policy and a National Land Development Plan.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

executive order
Urucum
Public Security
8

Prioritise a tactical and operational programme in Public Security within the scope of the Interstate Consortium for Sustainable Development of the Legal Amazon.

Esferas administrativas de competência
State

Main axis

Social

Type of draft

Seringueira
Economy
9

Reinstate the Bolsa Verde cash transfer Programme, prioritising families living in extreme poverty in forest areas of the Brazilian Legal Amazon.

Esferas administrativas de competência
Federal

Main axis

Economic

Type of draft

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Andiroba
Health care
10

Integrate data from the Health Information System for Indigenous Peoples (SIASI) to the Health Information System for Primary Care (SISAB) and to other Unified Healthcare System (SUS) information systems at a national level.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

executive order
Andiroba
Health care
11

Create a Working Group focused on health in the Brazilian Legal Amazon.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

executive order
Sumaúma
Education
12

Prioritise the allocation of resources from the Fund for Universalisation of Telecommunications Services (FUST) to projects that serve traditional communities and smallholder farmers, in particular to public education and health care facilities.

Esferas administrativas de competência
Federal

Main axis

Social

Type of draft

resolution
Castanha-da-Amazônia
Governance
13

Create the State Secretariat for Climate Emergency, directly under the President’s Office.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

provisional presidential decree
Caroba
Cities
14

Develop technological alternatives for decentralised sewarage solutions in special, rural and peri-urban areas.

Esferas administrativas de competência
Federal

Main axis

Environmental

Type of draft

Bill