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The National Mining Agency (“ANM”) Announced on February 27 the Resolution No. 129, of February 23, 2023 (“Resolution ANM No. 129/2023).
The following obligations: Gemstone and metal miners in the fight against money laundering and financing of terrorism and the proliferation of destructive weapons Quality (PLD/FTP). The National Mining Agency Resolution No. 129/2023 establishes that miners must implement and maintain an updated policy for the prevention of money laundering.
Money and financing of terrorism and the proliferation of weapons of mass destruction must be disclosed to employees, collaborators, outsourced service providers, and partners (all companies licensed by the holder of the mining rights to mine gold, and that agree to the participation and results of the extraction).
Operations, proposed operations, or circumstances incompatible with market business practice, or payments or operations incompatible with market business practice, must be reported to the Financial Activities Control Committee (“COAF”) by the following business days.
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On the other hand, the same operation or set of operations exceeding the amount of R$ 50,000.00 in a month, or its equivalent in another currency, in cash, through analysis or any other considerations.
Notification of non-occurrence will also be mandatory for miners, during the calendar year the transaction or proposed transaction is subject to COAF, at which time they must submit a declaration to the ANM by January 31 of the following year.
In addition to the known indicators of other PLD/FTP regulations, Resolution ANM 129/2023 exemplifies that those operations where there are indications of money laundering, terrorism, and the proliferation of weapons of mass destruction will be considered where such indications occur in cities located in areas of mining of minerals considered risky in the practice of non-compliance with the current legislation.
It is also important to highlight that gem and metal miners must keep records of clients and transactions, documents, and manuals referred to in Resolution ANM 129/2023 for at least 10 years from the operation or closure of the Client Contractual Relationship.
What Is the Role of the National Mining Agency?
In 2017, Law No. 13,575 created the National Mining Agency – ANM, a regulatory agency linked to the Ministry of Mines and Energy. Its responsibility is to oversee and regulate mining activities in the country, particularly regarding the exploration and management of mineral resources belonging to the Union.
Its function is closely related to the development of the indirect intervention of the State in certain economic activities. Thus, we can say that regulators are instruments of State intervention, responsible for maintaining the contractual balance between the public authority, private service providers, and their users/consumers.
REGULATOR CHAT – WITH ANM SUPERINTENDENT DANIEL POLLACK
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