Brazil’s Senate leaves gold traceability bill PL 3025/2023 awaiting dispatch

Brazil’s Federal Senate lists PL 3025/2023 as awaiting dispatch from its filing on 4 May 2026 to date; the filing is the only entry in the bill’s Senate record, and no committee referral appears. The Chamber of Deputies passed the bill on 22 April in a substitute text from rapporteur Marx Beltrão, covering the origin, sale, transport and traceability of gold of any origin or mining regime. The final text adopted by the Chamber creates a Gold Traceability System operated exclusively by Casa da Moeda do Brasil, with physical and digital marking of the metal, funded by a fee of R$2 per transport and custody guide and R$5 per gram marked.

Article 2 of the Chamber text confines the first sale of gold from a garimpo mining permit to institutions of the National Financial System authorised by the Banco Central do Brasil, paid only by credit to a deposit or payment account in reais. Until a law is published, that first purchase runs under articles 37 to 42 of Law 12.844/2013, which the bill repeals. The Supreme Federal Court struck down that law’s presumption of legality and buyer good faith in March 2025, in ADIs 7273 and 7345, so an institution holding the seller’s declaration has no presumption to rely on, and the electronic record of the purchase is the NF-e Ouro Ativo Financeiro that Receita Federal has required since 1 August 2023.

Article 7 extends the system to every person or company that extracts, treats, refines, holds in deposit or custody, transports, buys or sells gold, including for export, and article 5 makes gold without system registration and physical marking liable to seizure and forfeiture by Receita Federal. Article 13 lets Receita Federal retain goods to be exported while a forfeiture inquiry runs. Each transport and custody guide carries the mining process number, the environmental licence and the origin of any mercury used, and each later guide cites the earlier ones: the mine-of-origin data refiners collect on artisanal supply under the LBMA Responsible Gold Guidance. The mark is verifiable only with inspection equipment reserved to the control bodies, while article 4 has ANM make the system’s data available under the Access to Information Law, so a counterparty outside Brazil checks the guide record and the check on the mark stays with Brazilian authorities.

On publication, ANM has 60 days to issue the regulation and the system enters operation within 90 days of it; article 6 indexes both fees to the IPCA each year and lets the executive reduce or differentiate them. A Senate amendment returns the bill to the Chamber of Deputies under Article 65 of the Federal Constitution.