,,ii #aaith ,,congress #ast ,session ,s4 #gii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bg1 #bjbe,mr4 ,cornyn 7for himself and ,mr4 ,kaine7 introduced the following bill2 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 ,hemisphere1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,united ,states ,legal ,gold and ,mining ,partnership ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the illicit mining1 trafficking1 and commercialization of gold in the ,western ,hemisphere-- 7,a7 negatively affects the region's economic and social dynamics2 7,b7 strengthens transnational criminal organizations and other international illicit actors2 and 7,c7 has a deleterious impact on the environment1 indigenous peoples1 and food security4 7#b7 ,a lack of economic opportunities and the weak rule of law promote illicit activities1 such as illicit gold mining1 which increases the vulnerability of individuals in mining areas1 including indigenous communities1 who have been subjected to trafficking in persons1 other human rights abuses1 and population displacement in relation to mining activity1 particularly in the artisanal and small-scale mining sector4 7#c7 ,illicit gold mining in ,latin ,america often involves and benefits transnational criminal organizations1 drug trafficking organizations1 terrorist groups1 and other illegal armed groups that extort miners and enter into illicit partnerships with them in order to gain revenue from the illicit activity4 7#d7 ,illicit gold supply chains are international in nature and frequently involve-- 7,a7 the smuggling of gold and supplies1 such as mercury2 7,b7 trade-based money laundering2 and 7,c7 other cross-border flows of illicit assets4 7#e7 ,in ,latin ,america1 mineral traders and exporters1 local processors1 and shell companies linked to transnational criminal networks and illegally armed groups all play a key role in the trafficking1 laundering1 and commercialization of illicit gold from the region4 7#f7 ,according to a report on illegally mined ,gold in ,latin ,america by the ,global ,initiative ,against ,transnational ,organized ,crime-- 7,a7 more than #gj percent of the gold mined in several ,latin ,american countries1 such as ,colombia1 ,ecuador1 and ,peru1 is mined through illicit means2 and 7,b7 about #hj percent of the gold mined in ,venezuela is mined through illicit means and a large percentage of such gold is sold-- 7i7 to ,mibiturven1 a joint venture operated by the ,maduro regime composed of ,minerven1 a gold processor that has been designated by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury1 pursuant to ,executive ,order #achej 7relating to blocking property of additional persons contributing to the situation in ,venezuela71 and ,marilyns ,proje ,yatirim1 ,s4,a41 a ,turkish company2 or 7ii7 through other trafficking and commercialization networks from which the ,maduro regime benefits financially4 7#g7 ,illegal armed groups and foreign terrorist organizations1 such as the ,ejrcito de ,liberacin ,nacional 7,national ,liberation ,army--,,eln71 work with transnational criminal organizations in ,venezuela that participate in the illicit mining1 trafficking1 and commercialization of gold4 7#h7 ,transnational criminal organizations based in ,venezuela1 such as ,el ,tren de ,aragua1 have expanded their role in the illicit mining1 trafficking1 and commercialization of gold to increase their criminal profits4 7#i7 ,nicaragua's gold exports during #bjba were valued at an estimated #ihi1jjj1jjj in value1 of which-- 7,a7 gold valued at an estimated #hih1jjj1jjj was shipped to the ,united ,states2 7,b7 gold valued at an estimated #dh1gjj1jjj was shipped to ,switzerland2 7,c7 gold valued at an estimated #ci1jjj1jjj was shipped to the ,united ,arab ,emirates2 and 7,d7 gold valued at an estimated #c1fbj1jjj was shipped to ,austria4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations of the ,senate2 7,b7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7,d7 the ,committee on ,financial ,services of the ,house of ,representatives4 7#b7 ,artisanal and small-scale mining2 ,,asm ,the terms artisanal and small-scale mining and ,,asm refer to a form of mining common in the developing world that-- 7,a7 typically employs rudimentary1 simple1 and low-cost extractive technologies and manual labor-intensive techniques2 7,b7 is frequently subject to limited regulation2 and 7,c7 often features harsh and dangerous working conditions4 7#c7 ,illicit actors ,the term illicit actors includes-- 7,a7 any person included on any list of-- 7i7 ,united ,states-designated foreign terrorist organizations2 7ii7 specially designated global terrorists 7as defined in section #eid4caj of title #ca1 ,code of ,federal ,regulations72 7iii7 significant foreign narcotics traffickers 7as defined in section #hjh of the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aijg72 or 7iv7 blocked persons1 as maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury2 and 7,b7 drug trafficking organizations4 7#d7 ,key stakeholders ,the term key stakeholders means private sector organizations1 industry representatives1 and civil society groups that represent communities in areas affected by illicit mining and trafficking of gold1 including indigenous groups1 that are committed to the implementation of the ,legal ,gold and ,mining ,partnership ,strategy4 7#e7 ,legal gold and mining partnership strategy2 strategy ,the terms ,legal ,gold and ,mining ,partnership ,strategy and ,strategy mean the strategy developed pursuant to section #d4 7#f7 ,relevant federal departments and agencies ,the term relevant ,federal departments and agencies means-- 7,a7 the ,department of ,state2 7,b7 the ,department of the ,treasury2 7,c7 the ,department of ,homeland ,security1 including ,u4,s4 ,customs and ,border ,protection and ,u4,s4 ,immigration and ,customs ,enforcement2 7,d7 the ,department of ,justice1 including the ,federal ,bureau of ,investigation and the ,drug ,enforcement ,administration2 7,e7 the ,department of the ,interior2 7,f7 the ,united ,states ,agency for ,international ,development2 and 7,g7 other ,federal agencies designated by the ,president4 #d4 ,legal ,gold and ,mining ,partnership ,strategy 7a7 ,strategy required ,the ,secretary of ,state1 in coordination with the heads of relevant ,federal departments and agencies1 shall develop a comprehensive1 multi-year strategy1 which shall be known as the ,legal ,gold and ,mining ,partnership ,strategy1 to combat illicit gold mining in the ,western ,hemisphere4 7b7 ,elements ,the ,strategy shall include policies1 programs1 and initiatives-- 7#a7 to interrupt the linkages between ,,asm and illicit actors that profit from ,,asm in the ,western ,hemisphere2 7#b7 to deter ,,asm in environmentally protected areas1 such as national parks and conservation zones1 to prevent mining-related contamination of critical natural resources1 such as water resources1 soil1 tropical forests1 and other flora and fauna1 and aerosol contamination linked to detrimental health impacts2 7#c7 to counter the financing and enrichment of actors involved in the illicit mining1 trafficking1 and commercialization of gold1 and the abetting of their activities by-- 7,a7 promoting the exercise of due diligence and the use of responsible sourcing methods in the purchase and trade of ,,asm2 7,b7 preventing and prohibiting foreign persons who control commodity trading chains linked to illicit actors from enjoying the benefits of access to the territory1 markets or financial system of the ,united ,states1 and halting any such ongoing activity by such foreign persons2 7,c7 combating related impunity afforded to illicit actors by addressing corruption in government institutions2 and 7,d7 supporting the capacity of financial intelligence units1 customs agencies1 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 mining2 7#d7 to build the capacity of foreign civilian law enforcement institutions in the ,western ,hemisphere to effectively counter-- 7,a7 linkages between illicit gold mining1 illicit actors1 money laundering1 and other financial crimes1 including trade-based money laundering2 7,b7 linkages between illicit gold mining1 illicit actors1 trafficking in persons1 and forced or coerced labor1 including sex work and child labor2 7,c7 the cross-border trafficking of illicit gold1 and the mercury1 cyanide1 explosives1 and other hazardous materials used in illicit gold mining2 and 7,d7 surveillance and investigation of illicit and related activities that are related to or are indicators of illicit gold mining activities2 7#e7 to ensure the successful implementation of the existing ,memoranda of ,understanding signed with the ,governments of ,peru and of ,colombia in #bjag and #bjah1 respectively1 to expand bilateral cooperation to combat illicit gold mining2 7#f7 to work with governments in the ,western ,hemisphere1 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-- 7,a7 fostering international and regional cooperation and facilitating intelligence sharing1 as appropriate1 to identify and disrupt financial flows related to the illicit gold mining1 trafficking1 and commercialization of gold and other minerals and illicit metals2 and 7,b7 supporting the formulation of strategies to ensure the compliance of reporting institutions involved in the mining sector and to promote transparency in mining-sector transactions2 7#g7 to support foreign government efforts-- 7,a7 to facilitate licensing and formalization processes for ,,asm miners2 7,b7 to develop mechanisms to support regulated cultural artisanal mining and artisanal mining as a job growth area2 and 7,c7 to implement existing environmental standards2 7#h7 to engage the mining industry to encourage the building of technical expertise in best practices and access to new technologies2 7#i7 to support the establishment of gold commodity supply chain due diligence1 responsible sourcing1 tracing and tracking capacities1 and standards-compliant commodity certification systems in countries in ,latin ,america and the ,caribbean1 including efforts recommended in the ,,oecd ,due ,diligence ,guidance for ,responsible ,supply ,chains of ,minerals from ,conflict-,affected and ,high ,risk ,areas1 ,third ,edition 7#bjaf72 7#aj7 to engage with civil society to reduce the negative environmental impacts of ,,asm1 particularly-- 7,a7 the use of mercury in preliminary refining2 7,b7 the destruction of tropical forests2 7,c7 the construction of illegal and unregulated dams and the resulting valley floods2 7,d7 the pollution of water resources and soil2 and 7,e7 the release of dust1 which can contain toxic chemicals and heavy metals that can cause severe health problems2 7#aa7 to aid and encourage ,,asm miners-- 7,a7 to formalize their business activities1 including through skills training1 technical and business assistance1 and access to financing1 loans1 and credit2 7,b7 to utilize mercury-free gold refining technologies and mining methods that minimize deforestation1 air pollution1 and water and soil contamination2 7,c7 to reduce the costs associated with formalization and compliance with mining regulations2 and 7,d7 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 arrangements2 7#ab7 to interrupt the illicit gold trade in ,nicaragua1 including through the use of ,united ,states punitive measures against the government led by ,president ,daniel ,ortega and ,vice-,president ,rosario ,murillo and their collaborators pursuant to ,executive ,order #adjhh 7relating to taking additional steps to address the national emergency with respect to the situation in ,nicaragua71 which was issued on ,october #bd1 #bjbb2 7#ac7 to assist local journalists with investigations of illicit mining1 trafficking1 and commercialization of gold and its supplies in the ,western ,hemisphere2 and 7#ad7 to promote responsible sourcing and due diligence at all levels of gold supply chains4 7c7 ,assessment of challenges ,the ,strategy shall include an assessment of the challenges posed by1 and policy recommendations to address-- 7#a7 linkages between ,,asm sector production and trade1 particularly relating to gold1 to the activities of illicit actors1 including linkages that help to finance or enrich such illicit actors or abet their activities2 7#b7 linkages between illicit or grey market trade1 and markets in gold and other metals or minerals and legal trade and commerce in such commodities1 notably with respect to activities that abet the entry of such commodities into legal commerce1 including-- 7,a7 illicit cross-border trafficking1 including with respect to goods1 persons and illegal narcotics2 7,b7 money-laundering2 7,c7 the financing of illicit actors or their activities2 and 7,d7 the extralegal entry into the ,united ,states of-- 7i7 metals or minerals1 whether of legal foreign origin or not2 and 7ii7 the proceeds of such metals or minerals2 7#c7 linkages between the illicit mining1 trafficking1 and commercialization of gold1 diamonds1 and precious metals and stones1 and the financial and political activities of the regime of ,nicols ,maduro of ,venezuela2 7#d7 factors that-- 7,a7 produce linkages between ,,asm miners and illicit actors1 prompting some ,,asm miners to utilize mining practices that are environmentally damaging and unsustainable1 notably mining or related ore processing practices that-- 7i7 involve the use of elemental mercury2 or 7ii7 result in labor1 health1 environmental1 and safety code infractions and workplace hazards2 and 7,b7 lead some ,,asm miners to operate in the extralegal or poorly regulated informal sector1 and often prevent such miners from improving the socioeconomic status of themselves and their families and communities1 or hinder their ability to formalize their operations1 enhance their technical and business capacities1 and access finance of fair market prices for their output2 7#e7 mining-related trafficking in persons and forced or coerced labor1 including sex work and child labor2 and 7#f7 the use of elemental mercury and cyanide in ,,asm operations1 including the technical aims and scope of such usage and its impact on human health and the environment1 including flora1 fauna1 water resources1 soil1 and air quality4 7d7 ,foreign assistance ,the ,strategy shall describe-- 7#a7 existing foreign assistance programs that address elements of the ,strategy2 and 7#b7 additional foreign assistance resources needed to fully implement the ,strategy4 7e7 ,submission ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit the ,strategy to the appropriate congressional committees4 7f7 ,semiannual briefings ,not later than #ahj days after submission of the ,strategy1 and semiannually thereafter for the following #c years1 the ,secretary of ,state1 or the ,secretary's designee1 shall provide a briefing to the appropriate congressional committees regarding the implementation of the strategy1 including efforts to leverage international support and develop a public-private partnership to build responsible gold value chains with other governments4 #e4 ,classified briefing on illicit gold mining in ,venezuela ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state1 or the ,secretary's designee1 in coordination with the ,director of ,national ,intelligence1 shall provide a classified briefing to the appropriate congressional committees1 the ,select ,committee on ,intelligence of the ,senate1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives that describes-- 7#a7 the activities related to illicit gold mining1 including the illicit mining1 trafficking1 and commercialization of gold1 inside ,venezuelan territory carried out by illicit actors1 including defectors from the ,revolutionary ,armed ,forces of ,colombia 7,,farc7 and members of the ,national ,liberation ,army 7,,eln72 and 7#b7 ,venezuela's illicit gold trade with foreign governments1 including the ,government of the ,republic of ,turkey and the ,government of the ,islamic ,republic of ,iran4 #f4 ,investigation of the illicit gold trade in ,venezuela ,the ,secretary of ,state1 in coordination with the ,secretary of the ,treasury1 the ,attorney ,general1 and allied and partner governments in the ,western ,hemisphere1 shall-- 7#a7 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 activities1 including mining-related activities1 by sharing financial investigations intelligence1 as appropriate and as permitted by law2 and 7#b7 provide technical assistance to help eligible governments in ,latin ,america establish legislative and regulatory frameworks capable of imposing and effectively implementing targeted sanctions on-- 7,a7 officials of the ,maduro regime who are directly engaged in the illicit mining1 trafficking1 and commercialization of gold2 and 7,b7 foreign persons engaged in the laundering of illicit gold assets linked to designated terrorist and drug trafficking organizations4 #g4 ,leveraging international support ,in implementing the ,strategy pursuant to section #d1 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 ,act1 including-- 7#a7 marshaling resources and political support2 and 7#b7 encouraging the development of policies and consultation with key stakeholders to accomplish such objectives and provisions4 #h4 ,public-private partnership to build responsible gold value chains 7a7 ,best practices ,the ,secretary of ,state 7referred to in this section as the ,secretary71 in coordination with the ,governments of ,colombia1 of ,ecuador1 and of ,peru1 and with other democratically-elected governments in the region1 shall consult with the ,government of ,switzerland regarding best practices developed through the ,swiss ,better ,gold ,initiative 7a public-private partnership that aims to improve transparency and traceability in the international gold trade74 7b7 ,in general ,the ,secretary shall coordinate with the ,governments of ,colombia1 of ,ecuador1 of ,peru1 and of other democratically-elected governments in the region determined by the ,secretary to establish a public-private partnership to advance the best practices identified pursuant to subsection 7a71 including supporting programming in participating countries that will-- 7#a7 support the ,,asm gold mining sector's formalization and compliance with the existing environmental and labor standards in participating countries2 7#b7 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 countries2 7#c7 enhance the traceability and support the establishment of a certification process for ,,asm gold2 7#d7 support a public relations campaign to promote responsibly-sourced gold2 7#e7 include representatives of local civil society to work towards soliciting the free and informed consent of those living on lands with mining potential2 7#f7 facilitate contact between vendors of responsibly-sourced gold and ,united ,states companies2 and 7#g7 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 standards4 7c7 ,meeting ,the ,secretary or the ,administrator of the ,united ,states ,agency for ,international ,development1 without delegation and in coordination with the governments of participating countries1 should-- 7#a7 host a meeting with senior representatives of the private sector and international governmental and nongovernmental partners2 and 7#b7 make commitments to improve due diligence and increase the responsible sourcing of gold4 #i4 ,authorization of appropriations ,out of funds appropriated to the ,department of ,state for fiscal years #bjbe and #bjbf1 there is authorized to be appropriated to the ,department of ,state not more than #aj1jjj1jjj to implement the ,legal ,gold and ,mining ,partnership ,strategy developed pursuant to section #d4