No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3496 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3496
To establish and implement a multi-year Legal Gold and Mining
Partnership Strategy to reduce the negative environmental and social
impacts of illicit gold mining in the Western Hemisphere, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 16, 2025
Mr. Cornyn (for himself, Mr. Kaine, Mr. Cruz, and Ms. Rosen) introduced
the following bill; which was read twice and referred to the Committee
on Foreign Relations
_______________________________________________________________________
A BILL
To establish and implement a multi-year Legal Gold and Mining
Partnership Strategy to reduce the negative environmental and social
impacts of illicit gold mining in the Western Hemisphere, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States
Legal Gold and Mining Partnership Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Legal Gold and Mining Partnership Strategy.
Sec. 5. Classified briefing on illicit gold mining in Venezuela.
Sec. 6. Investigation of the illicit gold trade in Venezuela.
Sec. 7. Leveraging international support.
Sec. 8. Public-private partnership to build responsible gold value
chains.
Sec. 9. Rule of construction regarding not authorizing the use of
military force.
Sec. 10. Consideration of certain transactions involving precious
metals for purposes of identifying primary
money laundering concerns.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The illicit mining, trafficking, and commercialization
of gold in the Western Hemisphere--
(A) negatively affects the region's economic and
social dynamics;
(B) strengthens transnational criminal
organizations and other international illicit actors;
and
(C) has a deleterious impact on the environment,
indigenous peoples, and food security.
(2) A lack of economic opportunities and the weak rule of
law promote illicit activities, such as illicit gold mining,
which increases the vulnerability of individuals in mining
areas, including indigenous communities, which have been
subjected to trafficking in persons, other human rights abuses,
and population displacement in relation to mining activity,
particularly in the artisanal and small-scale mining sector.
(3) Illicit gold mining in Latin America often involves and
benefits transnational criminal organizations, drug trafficking
organizations, terrorist groups, and other illegal armed groups
that extort miners and enter into illicit partnerships with
them in order to gain revenue from the illicit activity.
(4) Illicit gold supply chains are international in nature
and frequently involve--
(A) the smuggling of gold and supplies, such as
mercury;
(B) trade-based money laundering; and
(C) other cross-border flows of illicit assets.
(5) In Latin America, mineral traders and exporters, local
processors, and shell companies linked to transnational
criminal networks and illegally armed groups all play a key
role in the trafficking, laundering, and commercialization of
illicit gold from the region.
(6) According to a report on illegally mined gold in Latin
America by the Global Initiative Against Transnational
Organized Crime--
(A) more than 70 percent of the gold mined in
several Latin American countries, such as Colombia,
Ecuador, and Peru, is mined through illicit means; and
(B) about 80 percent of the gold mined in Venezuela
is mined through illicit means and a large percentage
of such gold is sold--
(i) to Mibiturven, a joint venture operated
by the Maduro regime composed of Minerven, a
gold processor that has been designated by the
Office of Foreign Assets Control of the
Department of the Treasury, pursuant to
Executive Order 13850 (relating to blocking
property of additional persons contributing to
the situation in Venezuela), and Marilyns Proje
Yatirim, S.A., which is a Turkish company; or
(ii) through other trafficking and
commercialization networks from which the
Maduro regime benefits financially.
(7) Illegal armed groups and foreign terrorist
organizations, such as the Ejercito de Liberacion Nacional
(National Liberation Army--ELN), work with transnational
criminal organizations in Venezuela that participate in the
illicit mining, trafficking, and commercialization of gold.
(8) Transnational criminal organizations based in
Venezuela, such as El Tren de Aragua, have expanded their role
in the illicit mining, trafficking, and commercialization of
gold to increase their criminal profits.
(9) Nicaragua's gold exports during 2023 were valued at an
estimated $1,240,000,000, of which--
(A) gold valued at an estimated 637,000,000 was
shipped to the United States;
(B) gold valued at an estimated $353,000,000 was
shipped to Canada;
(C) gold valued at an estimated $244,000,000 was
shipped to Switzerland; and
(D) gold valued at an estimated $6,560,000 was
shipped to Italy.
(10) U.S. Customs and Border Protection has recognized that
illegal logging is the world's most profitable natural resource
crime and that profits from illegal logging finance illegal
mining.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(D) the Select Committee on Intelligence of the
Senate;
(E) the Committee on Foreign Affairs of the House
of Representatives;
(F) the Committee on the Judiciary of the House of
Representatives;
(G) the Committee on Financial Services of the
House of Representatives; and
(H) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Artisanal and small-scale mining; asm.--The terms
``artisanal and small-scale mining'' and ``ASM'' refer to a
form of mining common in the developing world that--
(A) typically employs rudimentary, simple, and low-
cost extractive technologies and manual labor-intensive
techniques;
(B) is frequently subject to limited regulation;
and
(C) often features harsh and dangerous working
conditions.
(3) Key stakeholders.--The term ``key stakeholders'' means
private sector organizations, industry representatives, and
civil society groups that represent communities in areas
affected by illicit mining and trafficking of gold, including
indigenous groups, that are committed to the implementation of
the Legal Gold and Mining Partnership Strategy.
(4) Legal gold and mining partnership strategy; strategy.--
The terms ``Legal Gold and Mining Partnership Strategy'' and
``Strategy'' mean the strategy developed pursuant to section 4.
(5) Relevant federal departments and agencies.--The term
``relevant Federal departments and agencies'' means the
Department of State and all other Federal departments and
agencies designated by the President as having significant
domestic or foreign affairs equities in countering illicit
mining.
(6) Secretary.--The term ``Secretary'' means the Secretary
of State.
SEC. 4. LEGAL GOLD AND MINING PARTNERSHIP STRATEGY.
(a) Strategy Required.--The Secretary, in coordination with the
heads of relevant Federal departments and agencies, shall develop a
comprehensive, multi-year strategy, which shall be known as the Legal
Gold and Mining Partnership Strategy, to combat illicit gold mining in
the Western Hemisphere.
(b) Elements.--The Strategy shall include policies, programs, and
initiatives--
(1) to interrupt the linkages between gold mining,
including ASM, and illicit actors that profit from illicit
mining in the Western Hemisphere;
(2) to deter ASM in environmentally protected areas, such
as national parks and conservation zones, to prevent mining-
related contamination of critical natural resources, such as
water resources, soil, tropical forests, and other flora and
fauna, and aerosol contamination linked to detrimental health
impacts;
(3) to counter the financing and enrichment of actors
involved in the illicit mining, trafficking, and
commercialization of gold, and the abetting of their activities
by--
(A) promoting the exercise of due diligence and the
use of responsible sourcing methods in the purchase and
trade of ASM;
(B) preventing and prohibiting foreign persons who
control commodity trading chains linked to illicit
actors from enjoying the benefits of access to the
territory, markets or financial system of the United
States, and halting any such ongoing activity by such
foreign persons;
(C) combating related impunity afforded to illicit
actors by addressing corruption in government
institutions and interrupting linkages between corrupt
officials and illicit actors that exploit ASM miners;
(D) supporting the capacity of financial
intelligence units, customs agencies, and other
government institutions focused on anti-money
laundering initiatives and combating the financing of
criminal activities and terrorism to exercise oversight
consistent with the threats posed by illicit gold
mining; and
(E) working with the governments and appropriate
institutions of countries that host gold refineries or
processing centers to deter the importation of illicit
gold and implement greater due diligence practices;
(4) to build the capacity of foreign civilian law
enforcement institutions in the Western Hemisphere to
effectively counter--
(A) linkages between illicit gold mining, illicit
actors, money laundering, and other financial crimes,
including trade-based money laundering;
(B) linkages between illicit gold mining, illicit
actors, trafficking in persons, and forced or coerced
labor, including sex work and child labor;
(C) linkages between illicit gold mining, illicit
actors, and the illegal timber trade;
(D) the cross-border trafficking of illicit gold,
and the mercury, cyanide, explosives, and other
hazardous materials used in illicit gold mining,
particularly those originating in China or trafficked
by transnational criminal organizations; and
(E) surveillance and investigation of illicit and
related activities that are related to or are
indicators of illicit gold mining activities;
(5) to ensure the successful implementation of the existing
Memoranda of Understanding signed with the Governments of Peru
and of Colombia in 2017 and 2018, respectively, to expand
bilateral cooperation to combat illicit gold mining;
(6) to work with governments in the Western Hemisphere,
bolster the effectiveness of anti-money laundering efforts to
combat the financing of illicit actors in Latin America and the
Caribbean and counter the laundering of proceeds related to
illicit gold mining by--
(A) fostering international and regional
cooperation and facilitating intelligence sharing, as
appropriate, to identify and disrupt financial flows
related to the illicit gold mining, trafficking, and
commercialization of gold and other minerals and
illicit metals; and
(B) supporting the formulation of strategies to
ensure the compliance of reporting institutions
involved in the mining sector and to promote
transparency in mining-sector transactions;
(7) to support foreign government efforts--
(A) to facilitate licensing and formalization
processes for ASM miners;
(B) to develop mechanisms to support regulated
cultural artisanal mining and artisanal mining as a job
growth area; and
(C) to implement existing environmental standards;
(8) to engage the mining industry and relevant trade or
industry associations to encourage the building of technical
expertise in best practices and access to new technologies;
(9) to support the establishment of gold commodity supply
chain due diligence, responsible sourcing, tracing and tracking
capacities, and standards-compliant commodity certification
systems in countries in Latin America and the Caribbean,
including efforts recommended in the OECD Due Diligence
Guidance for Responsible Supply Chains of Minerals from
Conflict-Affected and High Risk Areas, Third Edition (2016);
(10) to engage with civil society to reduce the negative
environmental impacts of ASM, particularly--
(A) the use of mercury in preliminary refining;
(B) the destruction of tropical forests;
(C) the construction of illegal and unregulated
dams and the resulting valley floods;
(D) the pollution of water resources and soil; and
(E) the release of dust, which can contain toxic
chemicals and heavy metals that can cause severe health
problems;
(11) to aid and encourage ASM miners--
(A) to formalize their business activities,
including through skills training, technical and
business assistance, and access to financing, loans,
and credit;
(B) to utilize mercury-free gold refining
technologies and mining methods that minimize
deforestation, air pollution, and water and soil
contamination;
(C) to reduce the costs associated with
formalization and compliance with mining regulations;
and
(D) to fully break away from the influence of
illicit actors who leverage the control of territory
and use violence to extort miners and push them into
illicit arrangements;
(12) to interrupt the illicit gold trade in Nicaragua,
including through the use of targeted United States measures
against the government led by President Daniel Ortega and Vice-
President Rosario Murillo and their collaborators pursuant to
Executive Order 14088 (relating to taking additional steps to
address the national emergency with respect to the situation in
Nicaragua), which was issued on October 24, 2022;
(13) to assist local journalists with investigations of
illicit mining, trafficking, and commercialization of gold and
its supplies in the Western Hemisphere;
(14) to promote responsible sourcing and due diligence at
all levels of gold supply chains, including through the use of
existing widely adopted, industry-standard responsible sourcing
and due diligence standards; and
(15) to prevent the intentional misinvoicing of the origins
of gold shipments at transshipment points.
(c) Assessment of Challenges.--The Strategy shall include an
assessment of the challenges posed by, and policy recommendations to
address--
(1) linkages between ASM sector production and trade,
particularly relating to gold, to the activities of illicit
actors, including linkages that help to finance or enrich such
illicit actors or abet their activities;
(2) linkages between illicit or grey market trade, and
markets in gold and other metals or minerals and legal trade
and commerce in such commodities, notably with respect to
activities that abet the entry of such commodities into legal
commerce, including--
(A) illicit cross-border trafficking, including
with respect to goods, persons and illegal narcotics;
(B) money-laundering;
(C) the financing of illicit actors or their
activities; and
(D) the extralegal entry into the United States
of--
(i) metals or minerals, whether of legal
foreign origin or not; and
(ii) the proceeds of such metals or
minerals;
(3) linkages between the illicit mining, trafficking, and
commercialization of gold, diamonds, and precious metals and
stones, and the financial and political activities of the
regime of Nicolas Maduro of Venezuela;
(4) factors that--
(A) produce linkages between ASM miners and illicit
actors, prompting some ASM miners to utilize mining
practices that are environmentally damaging and
unsustainable, notably mining or related ore processing
practices that--
(i) involve the use of elemental mercury;
or
(ii) result in labor, health,
environmental, and safety code infractions and
workplace hazards; and
(B) lead some ASM miners to operate in the
extralegal or poorly regulated informal sector, and
often prevent such miners from improving the
socioeconomic status of themselves and their families
and communities, or hinder their ability to formalize
their operations, enhance their technical and business
capacities, and access finance of fair market prices
for their output;
(5) mining-related trafficking in persons and forced or
coerced labor, including sex work and child labor; and
(6) the use of elemental mercury and cyanide in ASM
operations, including the technical aims and scope of such
usage and its impact on human health and the environment,
including flora, fauna, water resources, soil, and air quality.
(d) Foreign Assistance.--The Strategy shall describe--
(1) existing foreign assistance programs that address
elements of the Strategy; and
(2) additional foreign assistance resources needed to fully
implement the Strategy.
(e) Best Practices.--The Strategy shall, to the extent practicable,
avoid duplication of effort in the development of due diligence and
responsible sourcing standards, including through the use of existing
widely adopted industry standards.
(f) Submission.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit the Strategy to the
appropriate congressional committees.
(g) Semiannual Briefings.--Not later than 180 days after submission
of the Strategy, and semiannually thereafter for the following 3 years,
the Secretary, or the Secretary's designee, shall provide a briefing to
the appropriate congressional committees regarding--
(1) the implementation of the strategy, including efforts
to leverage international support and develop a public-private
partnership to build responsible gold value chains with other
governments;
(2) revisions to the Strategy that are needed to better
align the Strategy to new or emerging challenges in combating
illicit gold mining; and
(3) recommendations from the Strategy that can be applied
to combat illicit gold mining on a global scale.
SEC. 5. CLASSIFIED BRIEFING ON ILLICIT GOLD MINING IN VENEZUELA.
Not later than 90 days after the date of the enactment of this Act,
the Secretary, or the Secretary's designee, in coordination with the
Director of National Intelligence, or the Director's designee, shall
provide a classified briefing to the appropriate congressional
committees, the Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives that describes--
(1) the activities related to illicit gold mining,
including the illicit mining, trafficking, and
commercialization of gold, inside Venezuelan territory carried
out by illicit actors, including defectors from the
Revolutionary Armed Forces of Colombia (FARC) and members of
the National Liberation Army (ELN); and
(2) Venezuela's illicit gold trade with foreign
governments, including the Government of the Republic of Turkey
and the Government of the Islamic Republic of Iran.
SEC. 6. INVESTIGATION OF THE ILLICIT GOLD TRADE IN VENEZUELA.
The Secretary, in coordination with the Secretary of the Treasury,
the Attorney General, and allied and partner governments in the Western
Hemisphere, shall--
(1) lead a coordinated international effort to carry out
financial investigations to identify and track assets taken
from the people and institutions in Venezuela that are linked
to money laundering and illicit activities, including mining-
related activities, by sharing financial investigations
intelligence, as appropriate and as permitted by law; and
(2) provide technical assistance to help eligible
governments in Latin America establish legislative and
regulatory frameworks capable of imposing and effectively
implementing targeted sanctions on--
(A) officials of the Maduro regime who are directly
engaged in the illicit mining, trafficking, and
commercialization of gold; and
(B) foreign persons engaged in the laundering of
illicit gold assets linked to designated terrorist and
drug trafficking organizations.
SEC. 7. LEVERAGING INTERNATIONAL SUPPORT.
In implementing the Strategy pursuant to section 4, the President
should direct United States representatives accredited to relevant
multilateral institutions and development banks and United States
ambassadors in the Western Hemisphere to use the influence of the
United States to foster international cooperation to achieve the
objectives of this Act, including--
(1) marshaling resources and political support; and
(2) encouraging the development of policies and
consultation with key stakeholders to accomplish such
objectives and provisions.
SEC. 8. PUBLIC-PRIVATE PARTNERSHIP TO BUILD RESPONSIBLE GOLD VALUE
CHAINS.
(a) In General.--The Secretary shall coordinate with the
Governments of Colombia, of Ecuador, of Peru, and of other
democratically elected governments in the region determined by the
Secretary to establish a public-private partnership to support
programming in participating countries that will--
(1) support the ASM gold mining sector's formalization and
compliance with the existing environmental and labor standards
in participating countries;
(2) increase awareness of access to financing for ASM gold
miners who are taking significant steps to formalize their
operations and comply with the existing labor and environmental
standards in participating countries;
(3) enhance the traceability and support the establishment
of a certification process for ASM gold;
(4) support a public relations campaign to promote
responsibly sourced gold;
(5) include representatives of local civil society to work
towards soliciting the free and informed consent of those
living on lands with mining potential;
(6) facilitate contact between vendors of responsibly
sourced gold and United States companies; and
(7) promote policies and practices in participating
countries that are conducive to the formalization of ASM gold
mining and promoting adherence of ASM to internationally
recognized best practices and standards.
SEC. 9. RULE OF CONSTRUCTION REGARDING NOT AUTHORIZING THE USE OF
MILITARY FORCE.
Nothing in this Act may be construed as authorizing the use of
military force or the introduction of United States forces into
hostilities.
SEC. 10. CONSIDERATION OF CERTAIN TRANSACTIONS INVOLVING PRECIOUS
METALS FOR PURPOSES OF IDENTIFYING PRIMARY MONEY
LAUNDERING CONCERNS.
Section 5318A(c)(2) of title 31, United States Code, is amended--
(1) in subparagraph (A)--
(A) by redesignating clauses (iii) through (vii) as
clauses (iv) through (viii), respectively; and
(B) by inserting after clause (ii) the following:
``(iii) the extent to which the
jurisdiction or financial institutions
operating in that jurisdiction facilitate
transactions involving the mining, sale, or
trade of precious metals subject to any
sanctions imposed by the United States;''; and
(2) in subparagraph (B)--
(A) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively; and
(B) by inserting after clause (i) the following:
``(ii) the extent to which such financial
institutions are used to facilitate
transactions involving the mining, sale, or
trade of precious metals and are subject to any
sanctions imposed by the United States;''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
Committee on Foreign Relations. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
Committee on Foreign Relations. Reported by Senator Risch with an amendment in the nature of a substitute. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 329.
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