III 

117TH CONGRESS 

1ST SESSION S. RES. 391 

Expressing concern about the rise in illicit mining and trafficking of gold 

in Latin America and the pervasive problem that such mining poses 

for the security, stability, and environment of the region. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2021 

Mr. MENENDEZ (for himself, Mr. RUBIO, Mr. CARDIN, and Mr. KAINE) submitted the following resolution; which was referred to the Committee on 

Foreign Relations 

RESOLUTION 

Expressing concern about the rise in illicit mining and trafficking of gold in Latin America and the pervasive problem that such mining poses for the security, stability, 

and environment of the region. 

Whereas during the 10-year period immediately preceding the 

date of enactment of this Resolution, Latin America has 

witnessed an alarming increase in the illicit mining and 

trafficking of gold and other valuable minerals; 

Whereas illicit gold mining is a significant challenge across 

Latin America, specifically in the Andean and Amazonian 

regions, where, according to the internationally recognized nongovernmental organization Global Initiative 

against Transnational Organized Crime— 


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•SRES 391 IS 

(1) Venezuela leads the region with approximately 

90 percent of the gold extracted in that country being 

mined illicitly; 

(2) Colombia and Ecuador closely follow with approximately 80 percent of the gold extracted in those 

countries being mined illicitly; and 

(3) nearly 30 percent of the gold extracted in Bolivia 

and Peru is mined illicitly; 

Whereas illicit gold mining involves the extraction of gold in 

violation of the laws of the country in which the activity 

occurs and mostly takes place in remote geographic areas 

with limited government presence, leaving opportunities 

for transnational criminal organizations to exploit this 

practice to generate billions of dollars in illicit profits to 

bolster their strength and long-term viability; 

Whereas the profits derived from illicit gold mining have become a leading source of the illicit financial activities in 

the region, surpassing the profits generated by coca and 

cocaine production in recent years; 

Whereas transnational criminal organizations use illicit gold 

trafficking as a mechanism to launder profits from other 

illicit activities, which frequently threatens the national 

security of the United States and undermines legal international trade by compromising the lawful gold supply 

chain and exploiting the United States financial system 

for illegal gain; 

Whereas the presence of transnational criminal organizations 

in mining and trading chains of gold and other valuable 

minerals profoundly threatens the safety, security, and 

cultural integrity of indigenous communities across Latin 

America; 


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•SRES 391 IS 

Whereas illicit gold mining often devastates the environment 

and is destructive to rural and indigenous communities 

since it violates legal standards and safety requirements 

and often involves the illegal use of mercury, a potent 

toxin that, when used improperly, contaminates water 

supplies in the areas surrounding illicit mining sites, and 

can result in acute and long-term poisoning in people; 

Whereas the recent activities associated with illicit gold mining include cutting down rainforests and creating pools of 

stagnant water, which contribute to the spread of mosquitoes and insect-borne disease, inciting an epidemic of 

malaria in Venezuela at levels not seen in the past 75 

years; 

Whereas in May 2016, former President of Peru, Ollanta 

Humala, declared a 60-day emergency in the Madre de 

Dios region near Peru’s southeastern border with Brazil 

in an attempt to curb high levels of mercury poisoning 

of residents due to the impacts of illicit gold mining; 

Whereas, on February 24, 2016, the authoritarian government of Nicola ́s Maduro in Venezuela enacted a decree 

that announced a new legal framework for open mining 

under the name of ‘‘Orinoco Mining Arc’’ as a means to 

diversify the regime’s cash flow, an action done without 

the approval of the democratically elected National Assembly, as required by Venezuela’s Constitution; 

Whereas the Orinoco Mining Arc decree can impact the mercury content in waters in southern Venezuela and devastate the unique ecosystems of the Amazon, including 

World Heritage Site Canaima National Park, which is 

the ancestral land of the Pemo ́n indigenous people and 

where at least 59 mining sites have been detected; 


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•SRES 391 IS 

Whereas corruption and the weak rule of law in Venezuela 

has allowed transnational criminal organizations, drug 

trafficking organizations, insurgent groups, and other 

armed groups to control and financially benefit from illicit mining operations, many of which have exerted control over different parts of the Orinoco Mining Arc region 

and beyond, such as Yapacana National Park and the 

Alto Orinoco-Casiquiare Biosphere Reserve, home to indigenous communities of 17 ethnic groups, including the 

Yanomami and Ye’kuana tribes; 

Whereas, according to the Center for Strategic and International Studies, more than 500,000 workers are involved 

in mining operations in Venezuela, of whom— 

(1) approximately 45 percent are underage; and 

(2) the majority are from indigenous communities 

who were coerced into working through threats of violence; 

Whereas the Organization for Economic Co-operation and 

Development, in a September 2021 report, expressed concern that the flow of all the gold produced within Venezuela, which is estimated to total as much as 75 tons 

per year, with a market value of more than 

$4,400,000,000, has a high risk of contributing to serious human rights abuses, direct or indirect support for 

non-state armed groups, corruption, money laundering, 

and tax evasion; 

Whereas Executive Order 13850, which was issued on November 1, 2018, sanctioned individuals involved in illicit 

gold operations that propped up the illegitimate regime 

of Nicola ́s Maduro; 

Whereas the United States signed Memorandums of Understanding with the governments of Peru and Colombia in 


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•SRES 391 IS 

2017 and 2018, respectively, in an effort to combat illicit 

mining and minimize its negative impacts: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) expresses deep concern about the threat 

3 that illicit gold mining in Latin America poses for 

4 the security, stability, and environment of the re5 gion; 

6 (2) recognizes the threat that illicit gold mining 

7 in Latin America poses for the national security of 

8 the United States; 

9 (3) supports the rights of the rural and indige10 nous populations that have been deeply affected by 

11 illicit gold mining practices in the region; 

12 (4) supports the efforts of the United States 

13 Government to expand bilateral cooperation with the 

14 governments of Colombia, Ecuador, and Peru to 

15 combat illicit gold mining; 

16 (5) condemns the Maduro regime for directly 

17 and indirectly facilitating illicit mining of gold and 

18 other minerals in Venezuela; 

19 (6) denounces the Maduro regime’s involvement 

20 in illicit mining practices in the Amazonas and 

21 Bolı ́var states, which have led to human rights 

22 abuses, destruction of indigenous social fabric, defor23 estation, habitat loss, environmental degradation, 


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•SRES 391 IS 

1 and a rise in cases of malaria and other related dis2 eases in Venezuela; 

3 (7) calls for better regional and international 

4 coordination among government and industry actors 

5 to monitor and mitigate the environmental, human 

6 rights, and security risks posed by gold flows out of 

7 Venezuela; and 

8 (8) encourages efforts to promote legal, regu9 lated, and sustainable mining practices in Bolivia, 

10 Colombia, Ecuador, Peru, and Venezuela after 

11 democratic order is restored. 

Æ 


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