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.

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