PolicyBrief
S. 3496
119th CongressJan 29th 2026
United States Legal Gold and Mining Partnership Act
AWAITING SENATE

This Act establishes a strategy and partnerships to combat illicit gold mining in the Western Hemisphere, focusing on disrupting criminal financing, promoting responsible sourcing, and investigating Venezuelan gold trade.

John Cornyn
R

John Cornyn

Senator

TX

LEGISLATION

New Act Targets Illicit Gold Trade Funding Crime, Formalizes Small-Scale Mining Across Western Hemisphere

This new legislation, the United States Legal Gold and Mining Partnership Act, aims to dry up a major funding source for transnational crime: illegal gold mining. Essentially, the bill directs the State Department to create a massive, multi-year strategy to combat the illicit gold trade in the Western Hemisphere, focusing on everything from environmental damage to human trafficking. It’s a comprehensive plan that combines law enforcement, financial intelligence, and economic development to disrupt criminal operations and clean up the supply chain. Key goals include promoting responsible sourcing, building the capacity of foreign police forces to fight gold-related money laundering, and helping small-scale miners go legitimate.

Following the Money Trail

If you’ve ever wondered how organized crime groups or certain regimes fund their operations, a lot of it comes from gold. The bill notes that over 70% of gold mined in countries like Colombia, Ecuador, and Peru is illegal, and about 80% of Venezuela’s gold is illegally mined, often benefiting the Maduro regime. This bill takes aim at those supply chains. Specifically, Section 4 requires the U.S. to develop policies to counter the financing of illegal gold mining by preventing foreign actors involved in illicit trading from accessing U.S. markets and financial systems. Think of it as putting up a massive financial firewall: if your gold is linked to crime, the U.S. wants to make sure you can’t use American banks or markets to cash in.

Section 10 backs this up by amending Treasury rules. When the Treasury Department is looking for jurisdictions or financial institutions involved in major money laundering, they now must specifically consider transactions involving precious metals that are subject to U.S. sanctions. This means the compliance burden for legitimate precious metal dealers might tick up slightly, but the goal is to give the U.S. more teeth to track and shut down the money flows that fund everything from drug trafficking to terrorism.

Cleaning Up the Source

This isn't just about stopping bad actors; it’s also about helping the little guy. Artisanal and small-scale mining (ASM) often involves harsh, unregulated, and dangerous conditions, frequently using toxic materials like mercury, which devastates local environments and health. The bill recognizes that many ASM miners are stuck in this informal system and are vulnerable to criminal groups.

Section 8 establishes a public-private partnership focused on countries like Colombia, Ecuador, and Peru. The goal is to help these miners formalize their businesses, comply with local labor and environmental standards, and transition to mercury-free methods. For a small miner, this could mean access to legitimate financing and a certified supply chain, allowing them to sell their gold at a better price to U.S. companies looking for responsibly sourced materials. For someone living downstream, it means less mercury poisoning in the water supply. The bill mandates that this partnership must include local civil society representatives to ensure they get the “free and informed consent” of people living on lands with mining potential, which is a big win for indigenous and local communities.

The Geopolitical Angle

While the bill is focused on crime and economics, it has a clear geopolitical focus, particularly on Venezuela and Nicaragua. Section 6 directs the State and Treasury Departments to lead international efforts to investigate and track assets linked to the illicit gold trade in Venezuela, including providing technical assistance to allied governments that want to impose targeted sanctions on regime officials involved in the trade. Furthermore, the strategy specifically calls for disrupting the illicit gold trade in Nicaragua using existing U.S. sanctions authority. This is a direct shot at regimes that use gold profits to prop up their power. Finally, just to be crystal clear, Section 9 states that nothing in this Act authorizes the use of military force. It’s a financial and diplomatic initiative, not a military one.