Government sends to Congress project that regulates the gold chain

President Luiz Inácio Lula da Silva sent this Tuesday (13) to the National Congress the bill on norms for control of origin, purchase, sale and transport of gold in the national territory. According to the Ministry of Justice and Public Security, the forwarded text originates from debates held within the scope of the working group coordinated by the Secretariat for Access to Justice. “In addition to increasing the rigor of the control of this production chain, the proposal has among its objectives the strangulation of activities for heating illegal ore extracted from indigenous territories and conservation units and the closure of legislative loopholes used to circumvent the inspection control of the government,” the ministry said. The text of the project does away with the presumption of good faith provided for in the legislation implemented in the previous government and allows the accountability of links in the chain of purchase and sale of gold. In addition, it imposes requirements for the circulation of what is extracted from the mining. In a note, the Secretary for Access to Justice, Marivaldo Pereira, says that the proposal is essential to strengthen the fight against illegal mining in indigenous lands and in preservation areas. “It is without a doubt an extremely important step towards the protection of these territories”. The proposal sent for consideration by the Legislative also provides for the creation of the Gold Transport and Custody Guide, whose control and traceability will be under the coordination of the National Mining Agency (ANM). “The first sale of the ore has to be made by those who have authorization to mine at the ANM”, details the Ministry of Justice, referring to the body responsible for the Information Management System on Gold Acquisition. Furthermore, this first sale of gold extracted from mining will have to be carried out by entities authorized by the Central Bank. The issuance of electronic invoices for the purchase and sale of the mineral will become mandatory, as well as the requirement of bank transfer as a form of payment. “In case of non-compliance with the rules proposed in the PL [projeto de lei], the offender will have the gold seized and the product transferred in favor of the Union”, clarifies the MJ. Humanitarian crisis The Ministry of Justice classifies the measures foreseen in the project submitted to the National Congress as urgent. Among the motivations for preparing the text is the expansion that has been observed in recent years of mining in the Amazon, as well as the deforestation, degradation and conflicts in indigenous lands, resulting from this activity, culminating in the humanitarian crisis that occurred more recently in Yanomami territory. The urgent nature of the project is also due to “the existence of international precautionary measures, within the scope of the Inter-American Commission on Human Rights (CIDH), which determines measures for the protection of indigenous populations whose lands are invaded by mining”, recalls the ministry, citing, also, some judicial decisions determining measures to curb such activities.

Agência Brasil