Who profits from illegal mining in Yanomami Land?

A journalistic investigation carried out in partnership between Amazônia Real and Repórter Brasil went after those who get rich from mining in the Yanomami indigenous lands, in the Amazon. Based on investigations by the Federal Police and the Federal Public Ministry, it was possible to map that illegal gold was sold by middlemen to financial institutions accused of environmental damage in the Amazon and gold laundering in Pará.

*This report was updated at 17:15 pm on 09/02, with the positioning of Ourominas

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Behind the mining there is a structured network that involves dozens of functions, in a profitable activity: “they are companies with millionaire revenues and headquartered in upscale neighborhoods in the capital of São Paulo. Some of them are targeted in court not only for buying from prospectors clandestine, but for participating in a scheme that may have legalized, in 2019 and 2020, more than 4 tons of illegal gold of several indigenous lands in the Amazon, according to the Federal Public Ministry”, says the organization’s report Brazil Reporter.

At least three of these intermediaries – Ourominas, FD'Gold and Carol – appear in investigations into mining in indigenous land.

*In a note sent to Curto News, Ourominas informs that “it does not condone illegal mining and environmental violations, whether in the Amazon or anywhere in Brazil. OM has never had any representation/PCO in the State of Roraima. We are in solidarity with the situation of the Yanomami indigenous people.” You can see the note in full at the end of this report.

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To Repórter Brasil, FD'Gold denied any illegal practice in the purchase of gold and said they were victims of “rights violations” by public agents, reporting that they were unaware of investigations linking them to illegal mining in the Yanomami TI and the ferry scheme in Amazonas and that the Aerogold operation process “is absolutely and completely unfounded”.

Carol DTVM did not respond to the questions sent by the report.

How does “gold laundering” work?

As with money laundering, gold becomes regularized when its origin is fraudulent – ​​something very easy in Brazil: the seller or prospector simply declares that they extracted the metal from a legal mine for the buyer (a DTVM) to have in their hands. a supposedly legal product.

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“Easy to defraud, difficult to investigate”, summarizes the Federal Public Ministry in one of the complaints, says the report.

“The difficulty in holding some companies criminally responsible also involves the fact that the owner of DTVM, for example, is in São Paulo. He doesn't buy directly. He has a local partner to get his hands dirty with. If it goes wrong, he will say he didn't know”, said the public prosecutor in Pará Paulo de Tarso, to the report.

Below is the full note from Ourominas (OMDTVM):

OMDTVM clarifies that:  

1. It is important to highlight that OM DTVM works with gold financial assets and negotiates a small part of the gold produced in Brazil, which is extremely supervised by the Central Bank of Brazil and CVM, collecting the IOF on its acquisition; 

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2. The majority of gold extraction in Brazil is handled by multinational mining companies and other commercial companies in the market, represented by IBRAM and which are NOT supervised by Bacen or CVM. This gold is exported without paying IOF taxes, therefore, it would be better for the country if all gold explored in Brazil in its first acquisition became a financial asset and passed through the scrutiny of the Central Bank and CVM. With this, the State would have control and could guarantee the collection of IOF before export; 

3. OM DTVM does not condone illegal mining and environmental violations, whether in the Amazon or anywhere in Brazil. OM has never had any representation/PCO in the State of Roraima. We are in solidarity with the situation of the Yanomami indigenous people; 

4. The company follows strict prevention criteria established by the National Monetary Council (CMN), is authorized by the Central Bank (BACEN 27930), accredited by the Securities and Exchange Commission (CVM), associated with the Brazilian Exchange Association (ABRACAM) and certified by the Americas Gold Manufacturers Association (AMAGOLD), at ABS Quality Evaluations (ABS QE) with the ISO 45001, ISO 9001 and ISO 14001 seals, at Amiga da Floresta with the Plante Árvore seal, at the Brazilian Institute of Forests (IBF) and at Great Place to Work (GPTW). OM has part of its employees and partners certified in ABRACAM: ABT-1, ABT-2 and in ANBIMA: CPA-10 and CPA-20; 

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5. The OM, through the Tax Incentive Laws, allocates part of the taxes to cultural, social, sporting and health actions, such as, for example, to the Hospital de Amor (Barretos), National Program to Support Health Care for Persons with Disability (Pronas/PCD), Municipal Fund for the Rights of Children and Adolescents, Municipal Fund for the elderly, among others; 

6. We emphasize that the necessary clarifications have been and are being given to the Judiciary. So much so that, in a recent decision in September 2022, the Federal Court of Pará rejected an injunction request in a lawsuit that accused the company of allegedly illegally purchasing gold. 

7. It is important to highlight that the Instituto Escolhas study is sponsored by IBRAM, an association that brings together the largest multinational mining companies in the country, 

including the one that caused the environmental and social disaster in Mariana and Brumadinho, is completely generic, inconclusive and partial.  

8. It is also noteworthy that the generic and inconclusive content of the study is already being legally rebutted, as well as IBRAM and Instituto Escolhas will be criminally challenged for slandering and defaming the honor of the company OM DTVM on national television, imputing it to the fact criminal without any proof; 

9. The company is in favor of creating systems that offer greater security for the acquisition of gold, such as the electronic invoice and the gold library and has been debating this together with the Central Bank, ANM, MPF and AGU since 2019; 10. He also believes that the Federal Government will present proposals to expand the regulation of gold extraction and that will benefit the entire mineral sector in an economic and social way.

 

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