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Nelum
Gold

United States

Checked 2026-09-28 · Version r2 · Replaces version r1 · Reviewed

Public law and official guidance, published as research. Not legal, tax or financial advice.

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Ask in your own words. The answer is the research itself: its records, word for word, with every source and how sure each one is.
Industrial mining originRefining hubTrading hubVaulting hub

Industrial gold origin and a refining, futures-delivery and vaulting hub. Federal land: unpatented claims under the 1872 Mining Law (30 U.S.C. 22) with a $49 location fee and $200 annual maintenance fee per claim (43 CFR 3830.21; small-miner waiver for 10 or fewer claims), a 43 CFR 3809 plan of operations and a financial guarantee covering third-party reclamation cost; no federal royalty on locatable minerals was found in the texts read. Nevada: net proceeds of minerals tax 2-5% of net proceeds (5% above $4m net; NRS 362.140, read in the Department of Taxation's reproduction) and a gold and silver excise tax of 0.75%/1.1% of Nevada gross revenue above $20m (Department of Taxation return; NRS 363D itself blocked). Import: CBP entry (19 CFR 142.3); HTSUS 7108 free except 4.1% on 7108.12.50 and 7108.13.70 for non-preference origins; 0.3464% merchandise processing fee; no federal VAT. Tariffs since 2025: IEEPA reciprocal duties (from 5 Apr 2025) caught cast kilobars and 100 oz bars (CBP ruling N351466, 7108.13.5500) until E.O. 14346 exempted all 7108 lines from 8 Sep 2025; all IEEPA duties ended 20 Feb 2026 (E.O. 14389; Supreme Court, Learning Resources v. Trump); the Section 122 10% surcharge (24 Feb-24 Jul 2026) and the Section 301 forced-labor tariffs of 10-12.5% (from 24 Jul 2026) both except every 7108 subheading (HTSUS notes 2(aa)(ii) and 52(b)). Russian-origin gold import banned since 28 Jun 2022 (E.O. 14068 determination). AML: dealers in precious metals (>$50,000 bought and sold) must run a written AML programme (31 CFR 1027.210); Form 8300 for cash over $10,000; gold is not a CMIR monetary instrument. Export: EEI via AES (ITN 2 h before air departure); BIS licence only for Russia/Belarus (EAR 746.8(a)(7)). COMEX delivery (rulebook not held): 100 oz or 3 x 1 kg bars, 995 minimum, approved brands, New York-area depositories issuing warrants.

How sure this page is

  • Primary law 58
  • Official guidance 14
  • Standard 20
  • Secondary 3
  • Unverified 8
  • No confidence level recorded 11
  • Researcher's note 41
  • Blocked 10
  • Not recorded 67
  • Text 58
  • OCR 2
  • Not stated 17

Regulators

  • Bureau of Industry and Security (BIS), Department of Commerce

    Export Administration Regulations, incl. the Russia/Belarus luxury-goods licence requirement covering HS 7108.12/7108.13

    No confidence level recordedNot recorded
  • Bureau of Land Management (BLM), US Department of the Interior

    Recordation and maintenance of mining claims on federal land; surface management (43 CFR 3809) plans of operations and financial guarantees

    No confidence level recordedNot recorded
  • US Customs and Border Protection (CBP), Department of Homeland Security

    Import entry and release, tariff classification rulings, collection of duties and fees, withhold release orders

    No confidence level recordedNot recorded
  • US Census Bureau (Foreign Trade Regulations, 15 CFR Part 30)

    Electronic Export Information filing through AES

    No confidence level recordedNot recorded
  • Commodity Futures Trading Commission (CFTC)

    Regulator of designated contract markets incl. COMEX; exchange rule changes are notified to it

    No confidence level recordedBlocked
  • Financial Crimes Enforcement Network (FinCEN), US Treasury

    Bank Secrecy Act rules incl. AML program rule for dealers in precious metals (31 CFR 1027); beneficial ownership reporting

    No confidence level recordedNot recorded
  • Internal Revenue Service (IRS)

    Receives Form 8300 cash reports (26 USC 6050I / 31 USC 5331); examines non-bank financial institutions for BSA compliance

    No confidence level recordedNot recorded
  • Nevada Division of Environmental Protection, Bureau of Mining Regulation and Reclamation (BMRR)

    Reclamation permits (NRS 519A) and water pollution control permits (NRS 445A) for mines in Nevada

    No confidence level recordedNot recorded
  • Nevada Department of Taxation

    Net proceeds of minerals tax (NRS 362) and gold and silver excise tax (NRS 363D)

    No confidence level recordedBlocked
  • Office of Foreign Assets Control (OFAC), US Treasury

    Sanctions, incl. the EO 14068 determination prohibiting import of Russian-origin gold

    No confidence level recordedNot recorded
  • Securities and Exchange Commission (SEC)

    Conflict minerals disclosure (Exchange Act s.13(p), Rule 13p-1, Form SD)

    No confidence level recordedNot recordedBlocked

Laws

  • Tariff Act of 1930 s.307 (19 U.S.C. 1307) - import prohibition on convict, forced or indentured labour goods; 19 CFR 12.42

    Basis of CBP withhold release orders on gold

    Citation
    19 U.S.C. 1307; 19 CFR 12.42
    Kind
    Act
    Primary lawNot recorded
  • 31 CFR 1010.100 - general BSA definitions (monetary instruments)

    Monetary instruments do not include gold bullion, so the cross-border CMIR does not apply to gold

    Citation
    31 CFR 1010.100(dd)
    Kind
    Regulation
    Primary lawNot recorded
  • 31 CFR 1010.340 - reports of transportation of currency or monetary instruments (CMIR)

    Cross-border reporting of currency/monetary instruments over $10,000; gold is not a monetary instrument

    Citation
    31 CFR 1010.340
    Kind
    Regulation
    Primary lawNot recorded
  • 31 CFR Part 1027 - Rules for Dealers in Precious Metals, Precious Stones, or Jewels

    Dealer definition ($50,000 thresholds), AML program requirement, Form 8300 cross-reference

    Citation
    31 CFR 1027
    Kind
    Regulation
    In force from
    2006-01-01
    Primary lawNot recorded

    Researcher's note: [unconfirmed] inForceFrom is the AML-programme implementation date in 1027.210(c) ("on or before the later of January 1, 2006, or six months after the date a dealer becomes subject"); the 2005 rule itself is not held; current Part source: 75 FR 65812, Oct. 26, 2010.

  • COMEX Rulebook Chapter 7 (delivery facilities) and Chapter 113 (Gold Futures)

    Delivery units, approved brands, depositories, warrants

    Citation
    COMEX Rules 703, 704, 705, 113101-113108
    Kind
    Rulebook
    StandardBlocked
  • OFAC Determination under EO 14068 ss.1(a)(i)(A), 1(b), 5 - Prohibitions related to imports of gold of Russian Federation origin (as amended 22 Dec 2023); 31 CFR Part 587

    Ban on importing Russian-origin gold

    Citation
    E.O. 14068 s.1(a)(i); OFAC Determination (effective 28 Jun 2022, amended 22 Dec 2023); delegation 31 CFR 587.802
    Kind
    Decree
    In force from
    2022-06-28
    Primary lawNot recorded
  • EO 14257 (reciprocal tariffs under IEEPA, 2 Apr 2025) as modified by EO 14346 (5 Sep 2025, Annex I/II exemptions) - duties ended February 2026

    Adds gold bullion HTSUS subheadings to the Annex II list exempt from reciprocal tariffs

    Citation
    EO 14346, 90 FR (10 Sep 2025)
    Kind
    Decree
    In force from
    2025-04-05
    Repealed on
    2026-02-20
    Primary lawNot recorded

    Researcher's note: [time-limited] E.O. 14389 (20 Feb 2026) s.1: the IEEPA duties of E.O. 14257 "shall no longer be in effect and, as soon as practicable, shall no longer be collected"; the same day the Supreme Court held "IEEPA does not authorize the President to impose tariffs" (Learning Resources, Inc. v. Trump). repealedOn = the date of both; the exact date collection stopped is not stated in either text. The national emergency itself "remain[s] in effect" (E.O. 14389 s.1).

  • Harmonized Tariff Schedule of the United States (Revision 19, 2026): heading 7108 and Chapter 99 subchapter III

    Import duty rates for gold

    Citation
    HTSUS 7108; 9903.03.01-.03 (s.122); 9903.05.20-.86 (s.301 forced labor); 9903.90.08 (Russia)
    Kind
    Regulation
    Primary lawNot recorded
  • Nevada Revised Statutes Chapter 363D - Gold and Silver Excise Tax (2021)

    Excise tax on Nevada gross revenue of gold and silver miners above $20m

    Citation
    NRS Chapter 363D (Assembly Bill 495, chapter 249, Statutes of Nevada 2021)
    Kind
    Act
    Official guidanceNot recordedBlocked

    Researcher's note: [blocked] NRS 363D text not held (leg.state.nv.us bot challenge; requested); rules read in the Department of Taxation return and instructions, which cite NRS 363D.050-.300 and AB 495 (2021). [unconfirmed] first taxable year: the instructions state the calendar-year taxable year "for tax year 2022 and all subsequent years".

  • Learning Resources, Inc. v. Trump (U.S. Supreme Court, 20 Feb 2026): IEEPA does not authorize tariffs

    Ends the legal basis of the 2025 IEEPA reciprocal tariffs (EO 14257) that had caught cast gold bars in 2025

    Citation
    607 U.S. ___ (2026), Nos. 24-1287, 25-250
    Kind
    Other
    In force from
    2026-02-20
    Primary lawNot recorded
  • Exchange Act Rule 13p-1 and Form SD (17 CFR 240.13p-1; 17 CFR 249b.400), implementing Dodd-Frank s.1502

    Conflict minerals disclosure incl. gold

    Citation
    17 CFR 240.13p-1
    Kind
    Regulation
    In force from
    2012-11-13
    Primary lawNot recorded
  • Foreign Trade Regulations, 15 CFR Part 30 (EEI via AES)

    Export filing and exemptions

    Citation
    15 CFR 30.2, 30.4, 30.37
    Kind
    Regulation
    Primary lawNot recorded
  • 19 CFR Parts 142 and 143 (entry process; informal entry) and 19 CFR 24.23 (merchandise processing fee)

    Import entry documentation, $2,500 informal entry threshold, MPF

    Citation
    19 CFR 142.3; 143.21; 24.23
    Kind
    Regulation
    Primary lawNot recorded
  • 31 CFR 1010.330 - reports relating to currency in excess of $10,000 received in a trade or business (Form 8300); 26 USC 6050I

    Cash reporting by dealers and other businesses

    Citation
    31 CFR 1010.330
    Kind
    Regulation
    Primary lawNot recorded
  • 43 CFR Subpart 3809 - Surface Management (BLM)

    Casual use, notice-level (<=5 acres) exploration, plans of operations, financial guarantees

    Citation
    43 CFR 3809
    Kind
    Regulation
    Primary lawNot recorded
  • 43 CFR 3830.21, Parts 3834 and 3835 - mining claim fees, maintenance-fee payment and waivers

    Location, processing and annual maintenance fees; small-miner waiver

    Citation
    43 CFR 3830-3835
    Kind
    Regulation
    Primary lawNot recorded

    Researcher's note: The processing fee is a fixed fee under 43 CFR 3000.120, whose amounts "are posted on the BLM website ... and published in a Federal Register notice" ($25 per notice of location on the BLM page). 43 CFR 3830.21 as printed refers to "§ 3000.12" — the section is 3000.120.

  • Corporate Transparency Act beneficial ownership reporting rule (31 CFR 1010.380), narrowed to foreign reporting companies by the 26 Mar 2025 interim final rule and the 14 Aug 2026 final rule

    Domestic companies and US persons exempt; only foreign reporting companies file

    Citation
    31 CFR 1010.380
    Kind
    Regulation
    In force from
    2025-03-26
    Primary lawNot recorded
  • Export Administration Regulations, 15 CFR 746.8(a)(7) and Supplement No. 5 to Part 746 (luxury goods, Russia and Belarus)

    Lists HS 710812 and 710813 among luxury goods needing a licence for Russia/Belarus

    Citation
    15 CFR 746.8(a)(7); 15 CFR Part 746 Supp. No. 5
    Kind
    Regulation
    Primary lawNot recorded
  • General Mining Law of 1872 (30 USC 22 et seq.)

    Federal mineral lands free and open to exploration and purchase; basis for unpatented lode and placer claims

    Citation
    30 U.S.C. 22 (R.S. § 2319); 30 U.S.C. 28f (claim maintenance fee)
    Kind
    Act
    Primary lawNot recorded
  • Nevada Revised Statutes Chapter 362 - Net Proceeds of Minerals

    Annual net proceeds tax on mine operators

    Citation
    NRS 362.100-362.240 (as reproduced in Nevada Department of Taxation form LGS-F025)
    Kind
    Act
    Primary lawNot recordedBlocked

    Researcher's note: [transcription] Statute read in the Department of Taxation's reproduction (form LGS-F025, V2025.1); [blocked] the Legislature's NRS page returned a bot challenge to the Mac host (requested).

  • NRS 519A (reclamation) and NRS 445A.300-445A.730 (water pollution control) with NAC 519A / 445A

    Nevada mine reclamation and water pollution control permits

    Citation
    NRS 519A; NRS 445A
    Kind
    Act
    Official guidanceNot recorded

    Researcher's note: [not-read] Statute and NAC text not held (NRS on leg.state.nv.us, blocked host); citations from the NDEP page.

  • Proclamation 11012 - temporary import surcharge under section 122 of the Trade Act of 1974 (19 U.S.C. 2132)

    10% surcharge 24 Feb-24 Jul 2026; all HTSUS 7108 subheadings excepted

    Citation
    91 FR 9339; HTSUS 9903.03.01-9903.03.11, U.S. note 2(aa)
    Kind
    Decree
    In force from
    2026-02-24
    Repealed on
    2026-07-24
    Primary lawNot recordedOCR

    Researcher's note: [time-limited] in effect 12:01 a.m. EST 24 Feb 2026 through 12:01 a.m. EDT 24 Jul 2026 (cl. (7)); HTSUS compiler's note: expired at the close of 23 Jul 2026.

  • USTR Section 301 actions on 60 economies for failing to prohibit imports of forced-labor goods (Trade Act of 1974 s.301, 19 U.S.C. 2411)

    Additional 10% or 12.5% duties by economy from 24 Jul 2026; HTSUS 7108 excluded (note 52(b), heading 9903.05.86)

    Citation
    FR Doc. 2026-15181 (28 Jul 2026); HTSUS 9903.05.20-9903.06.21, U.S. note 52
    Kind
    Decree
    In force from
    2026-07-24
    Primary lawNot recordedOCR

    Researcher's note: [ocr] USTR annexes read from OCR of image pages (7108 entries checked on the image). [not-read] 19 U.S.C. 2411 is held but was not read.

Laws concerning gold in United States

From the law library: the laws tagged with this commodity, with their sources. They are not research findings; the sections above are.

31 CFR § 1027.100 Definitions (dealers in precious metals, precious stones, or jewels)

Regulation · 31 CFR 1027.100 · FinCEN

31 CFR Part 1027 — Rules for Dealers in Precious Metals, Precious Stones, or Jewels

Regulation · 31 CFR Part 1027 · FinCEN

CBP New York ruling N351466 — The tariff classification of cast gold bars from Switzerland

Guidance · N351466; CLA-2-71:OT:RR:NC:N1:128 · U.S. Customs and Border Protection, National Commodity Specialist Division

OFAC Determination Pursuant to Section 1(a)(i)(A) of Executive Order 14068 — Prohibitions Related to Imports of Gold of Russian Federation Origin (as Amended)

Order · — (listed on the OFAC programme page as published at 87 FR 56590) · Director, Office of Foreign Assets Control (Bradley T. Smith)

Management and Use of Water in Mining (Alaska Statutes: Title 46 Water, Air, Energy, and Environmental Conservation; Chapter 16)

Act · Made 0000 · Alaska

Gold & Silver Excise Tax Return (Form EXC-F029) with instructions

form · EXC-F029, V2026.1 · Nevada Department of Taxation

Instruction for Gold & Silver Excise Tax (GSET)

form · GSET instructions, V2023.1 · Nevada Department of Taxation

Africa Gold Advisory — Risks and Considerations for Businesses and Individuals with Exposure to Entities Responsible for Illicit Gold Trade

Guidance · — · U.S. Departments of State, the Treasury, Commerce, Homeland Security, Labor, and USAID

Procedures

COMEX depository custody and warrants

Applies when: US stores bars, including for COMEX delivery

  1. Transport

    Deliver bars into a COMEX-approved depository directly from the approved producer with refiner certificates, from an approved assayer with assay certificates, or from another approved depository

    Who
    Secure logistics carrier (armoured / valuables; COMEX-approved carrier where relevant)
    With
    COMEX-approved depository / bullion vault
    Needs
    Refiner certificate for bars produced (brand, serial, weight, fineness)
    Issues
    Chain-of-integrity receipt at depository
    StandardBlocked
  2. Inspection

    Inspect and weigh the bars and record them as eligible stock

    Who
    COMEX-approved depository / bullion vault
    Needs
    Chain-of-integrity receipt at depository
    StandardBlocked
  3. Custody

    Issue an electronic warrant in the name of the clearing member, referencing bar serials and the approved producer; the metal becomes registered (deliverable) stock

    Who
    COMEX-approved depository / bullion vault
    With
    Futures clearing member / bullion bank
    Issues
    COMEX gold warrant (electronic UCC Article 7 document of title)
    StandardBlocked

    Legal basis: COMEX Rulebook; UCC Article 7, Rule 705.A; 113108

  4. Reporting

    Report eligible, pledged and registered stocks to the exchange registrar daily by 2:00 p.m.

    Who
    COMEX-approved depository / bullion vault
    StandardBlocked
  5. Custody

    Optionally pledge the warrant to CME as collateral (title to CME, first-priority security interest, 15% haircut)

    Who
    Futures clearing member / bullion bank
    With
    Exchange clearing house (CME Clearing for COMEX)
    Needs
    COMEX gold warrant (electronic UCC Article 7 document of title)
    StandardBlocked

Export of US-mined or US-refined gold

Applies when: US is the origin or dispatches refined bars

  1. Due diligence

    Screen destination and parties (OFAC, BIS). Export or re-export of HS 710812/710813 gold to or within Russia or Belarus needs a BIS licence (EAR luxury goods), reviewed under a policy of denial; no other gold-specific export licence was found

    Who
    US principal party in interest (USPPI) / exporter
    Primary lawNot recorded

    Legal basis: EAR 15 CFR 746.8(a)(7), (b)(3); Supplement No. 5 to Part 746, 746.8(a)(7)

    Researcher's note: [inferred] That gold otherwise needs no export licence rests on the absence of any gold entry in the texts read (EEI rules, Part 746); 15 CFR 734.3(c) designates items subject to the EAR but "not listed on the CCL" as "EAR99"; the Commerce Control List (Part 774) itself was not read.

  2. Customs

    File EEI in AES (USPPI or its agent) and give the carrier the ITN no later than 2 hours before scheduled air departure; exempt if $2,500 or less per Schedule B number to one consignee and no licence is required

    Who
    US principal party in interest (USPPI) / exporter
    Primary lawNot recorded

    Legal basis: Foreign Trade Regulations, 15 CFR 30.2(a)(1), 30.4(b), 30.37(a)

  3. Transport

    Prepare commercial invoice, packing list and bar list/refiner certificates for the buyer

    Who
    US principal party in interest (USPPI) / exporter
    Needs
    Refiner certificate for bars produced (brand, serial, weight, fineness)
    Unverified

    Researcher's note: Commercial practice; not in sources read.

    No source recorded
  4. Transport

    Accept the consignment as valuable air cargo under an air waybill quoting the ITN and fly it out; custody passes to the airline

    Who
    Secure logistics carrier (armoured / valuables; COMEX-approved carrier where relevant)
    UnverifiedNot recorded

    Researcher's note: AWB practice not documented in sources read; the ITN-to-carrier requirement is in 30.4.

Customs import of dore or bars

Applies when: US receives gold (dore for refining, or bars for COMEX, vaulting or trade)

  1. Due diligence

    Screen the supplier and the gold: KYC, OFAC sanctions lists, and confirm the gold is not of Russian Federation origin (unless it was outside Russia before 28 June 2022); apply CAHRA red flags from the 2023 Africa Gold Advisory

    Who
    Importer of record (bullion bank, trader, refiner or dealer)
    Issues
    Importer's supplier KYC and OFAC / Russian-origin screening file
    Primary lawNot recorded

    Legal basis: E.O. 14068; OFAC Determination (effective 28 Jun 2022, amended 22 Dec 2023), E.O. 14068 s.1(a)(i); determination under s.1(a)(i)(A), 1(b) and 5; delegation 31 CFR 587.802

  2. Customs

    File entry (CBP Form 3461 or electronic equivalent) with evidence of the right to make entry, commercial invoice and packing list, and the entry summary (CBP Form 7501) classifying the gold under HTSUS 7108 with country of origin; deposit any duty (heading 7108 free except 4.1% on 7108.12.50 and 7108.13.70 for non-preference origins) and the 0.3464% merchandise processing fee; shipments of $2,500 or less may use informal entry

    Who
    Licensed customs broker
    With
    US Customs and Border Protection
    Needs
    Importer's supplier KYC and OFAC / Russian-origin screening file
    Issues
    CBP Form 3461 entry / immediate delivery (or ACE electronic equivalent); CBP Form 7501 entry summary (HTSUS classification, origin, duties and fees)
    Primary lawNot recorded

    Legal basis: 19 CFR 142.3; 19 CFR 143.21; 19 CFR 24.23; HTSUS 7108

  3. Inspection

    Review, examine if selected, and release the goods; CBP enforces the Russian-origin gold ban and any withhold release order on gold made with forced labour

    Who
    US Customs and Border Protection
    With
    Importer of record (bullion bank, trader, refiner or dealer)
    Needs
    CBP Form 3461 entry / immediate delivery (or ACE electronic equivalent)
    Primary lawNot recorded

    Legal basis: 19 CFR 142.3; E.O. 14068 gold determination; 19 U.S.C. 1307 and 19 CFR 12.42

  4. Transport

    Deliver released gold directly to the refinery or to a COMEX-approved depository (for COMEX, bars must come directly from an approved producer or assayer with certificates, or from another depository)

    Who
    Secure logistics carrier (armoured / valuables; COMEX-approved carrier where relevant)
    Issues
    Delivery record airport to refinery or depository
    StandardBlocked

Federal-land lode mine to refined gold (Nevada as example)

Applies when: US is the origin (industrial mine)

Channel: industrial mine on BLM-administered land

  1. Licensing

    Locate unpatented lode claims on open federal land and record the notice or certificate of location with the local recording office and the BLM State Office by the 90th day after location, paying the processing fee, the $49 location fee and the $200 initial maintenance fee per claim; a claim not recorded, or whose fees are not paid, within 90 days is void (43 CFR 3833.1(a), 3833.91)

    Who
    Mine operator / claimant (industrial lode or placer mine)
    With
    BLM state office
    Primary lawNot recorded

    Legal basis: General Mining Law 1872; 30 U.S.C. 28f; 43 CFR 3830.21, 3834.11, 30 U.S.C. 22; 30 U.S.C. 28f(b); 43 CFR 3833.1, 3833.11(a), 3833.91; 3830.21(a); 3834.11(a)

    Researcher's note: Processing fee $25 as posted on the BLM page (43 CFR 3000.120(a): amounts "are posted on the BLM website"). [not-read] the county (local recording office) requirements are state law.

  2. Licensing

    File a plan of operations with BLM (operations description, maps, reclamation plan, monitoring, reclamation cost estimate); BLM reviews, takes public comment for at least 30 days and approves if operations prevent unnecessary or undue degradation

    Who
    Mine operator / claimant (industrial lode or placer mine)
    With
    BLM state office
    Primary lawNot recorded

    Legal basis: 43 CFR 3809, 3809.11, 3809.401, 3809.411

    Researcher's note: [not-read] NEPA review procedures not read.

  3. Licensing

    Provide a financial guarantee covering the full cost of reclamation (bond, letter of credit or cash) before operations start

    Who
    Mine operator / claimant (industrial lode or placer mine)
    With
    BLM state office
    Issues
    Reclamation financial guarantee (surety bond, letter of credit, cash)
    Primary lawNot recorded

    Legal basis: 43 CFR 3809, 3809.500, 3809.552, 3809.555

  4. Licensing

    In Nevada, obtain an NDEP reclamation permit (disturbance over 5 acres) and a water pollution control permit for mining and processing; reclamation surety may be filed with NDEP or the federal land manager

    Who
    Mine operator / claimant (industrial lode or placer mine)
    With
    NDEP Bureau of Mining Regulation and Reclamation
    Official guidanceNot recorded

    Legal basis: NRS 519A; NRS 445A.300-445A.730

  5. Extraction

    Mine ore and process it on site (typically heap leach or mill with cyanide leaching, carbon recovery, electrowinning) and pour dore bars

    Who
    Mine operator / claimant (industrial lode or placer mine)
    Issues
    Dore bar number and weight record
    UnverifiedNot recorded

    Researcher's note: Industry practice for US lode mines; not documented in any source read. USGS confirms 160 t mined in 2025 and that the top 25 operations yield ~94%.

  6. Assay

    Weigh, sample and assay each dore bar at the mine laboratory and mark it with its bar number

    Who
    Mine operator / claimant (industrial lode or placer mine)
    Needs
    Dore bar number and weight record
    Unverified

    Researcher's note: Industry practice for US lode mines; not documented in any source read.

    No source recorded
  7. Pricing

    Hold a toll-refining agreement with a domestic (or foreign) refiner setting fees, assay exchange and settlement terms

    Who
    Mine operator / claimant (industrial lode or placer mine)
    With
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    Issues
    Toll-refining agreement
    Unverified

    Researcher's note: Industry practice for US lode mines; not documented in any source read.

    No source recorded
  8. Transport

    Move dore under armoured carrier from the mine to the refinery; custody passes to the refiner

    Who
    Secure logistics carrier (armoured / valuables; COMEX-approved carrier where relevant)
    With
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    Needs
    Toll-refining agreement
    Issues
    Carrier receipt / chain-of-custody record mine to refinery
    Unverified

    Researcher's note: Industry practice for US lode mines; not documented in any source read.

    No source recorded
  9. Payment

    After refining (see refining procedure) credit the miner's metal account with fine gold per the outturn; the miner sells to the refiner, a dealer or a bullion bank, or holds the metal

    Who
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    With
    Mine operator / claimant (industrial lode or placer mine)
    Needs
    Refiner outturn / assay report (US refinery)
    Issues
    Metal account credit / sale settlement for refined gold
    Unverified

    Researcher's note: Industry practice for US lode mines; not documented in any source read. Buyers above $50,000 a year are dealers under 31 CFR 1027 unless exempt.

    No source recorded

Annual fees, state mining taxes and disclosures

Applies when: US is the origin; SEC registrants using gold

  1. Payment

    Pay the annual BLM maintenance fee of $200 per lode claim (per 20 acres for placer) on or before 1 September, or file a small-miner waiver (10 or fewer claims nationwide)

    Who
    Mine operator / claimant (industrial lode or placer mine)
    With
    BLM state office
    Primary lawNot recorded

    Legal basis: 30 U.S.C. 28f; 43 CFR 3830.21(d), 3834.11(b), Part 3835, 30 U.S.C. 28f(a), (d); 43 CFR 3834.11(b); 3835.1, 3835.10

  2. Tax

    File the Nevada net proceeds of minerals statement for the prior calendar year by 16 February (and the current-year estimate by 1 March) and pay the tax at 2.00-5.00% of net proceeds according to the ratio of net to gross proceeds (5% if net proceeds exceed $4,000,000; royalties 5%)

    Who
    Mine operator / claimant (industrial lode or placer mine)
    With
    Nevada Department of Taxation
    Issues
    Nevada net proceeds of minerals annual statement (and estimate)
    Primary lawNot recorded

    Legal basis: NRS 362 (as reproduced in Nevada Department of Taxation form LGS-F025), NRS 362.110(1)(a), 362.115(1), 362.140

    Researcher's note: [transcription] NRS 362.110, 362.115 and 362.140 read in the Department of Taxation's reproduction (form LGS-F025); official NRS page blocked (requested).

  3. Tax

    File the Nevada gold and silver excise tax return and pay 0.75% of Nevada gross revenue above $20 million up to $150 million ($975,000 at $150 million) plus 1.1% of the excess over $150 million

    Who
    Mine operator / claimant (industrial lode or placer mine)
    With
    Nevada Department of Taxation
    Issues
    Nevada gold and silver excise tax return
    Official guidanceNot recorded

    Legal basis: NRS 363D (per Department of Taxation form EXC-F029), NRS 363D.160 (as cited by the Department)

    Researcher's note: [blocked] NRS 363D not held (leg.state.nv.us challenge); computation from return lines 15-18 and the due date ("on or before April 1st") from the Department's instructions.

  4. Reporting

    Conduct a reasonable country of origin inquiry on gold in its products; if there is reason to believe it came from the DRC or adjoining countries and not from recycled/scrap sources, carry out due diligence (e.g. OECD) and file a Conflict Minerals Report; file Form SD on EDGAR

    Who
    SEC-reporting manufacturer using gold
    Primary lawNot recordedBlocked

    Legal basis: Exchange Act Rule 13p-1; Form SD (as adopted 2012), 17 CFR 240.13p-1; Form SD General Instruction B.1, Items 1.01-1.02

    Researcher's note: [summary] [blocked] SEC staff statement of April 2017 (no enforcement recommendation for Item 1.01(c)) was read only in a summary and is now 403 (see us.div-conflict-minerals). Form SD Instruction (1) to Item 1.01: "A registrant that mines conflict minerals would not be considered to be manufacturing those minerals".

  5. Reporting

    Keep the written AML program current and have it independently tested, commensurate with risk; refiners above the thresholds do the same

    Who
    Dealer in precious metals (31 CFR 1027 'dealer')
    Issues
    Independent test of the AML program
    Primary lawNot recorded

    Legal basis: 31 CFR 1027, 1027.210

Re-export of imported bars (e.g. back to London or Switzerland after the 2025 inflows)

Applies when: US is a hub dispatching foreign-origin gold

  1. Custody

    Release the bars from the depository (load-out after warrant cancellation if on COMEX warrant) to the carrier

    Who
    COMEX-approved depository / bullion vault
    With
    Secure logistics carrier (armoured / valuables; COMEX-approved carrier where relevant)
    StandardBlocked
  2. Customs

    File EEI in AES for the foreign-origin gold and give the ITN to the carrier (same rules as export; BIS licence for Russia/Belarus)

    Who
    US principal party in interest (USPPI) / exporter
    Primary lawNot recorded

    Legal basis: Foreign Trade Regulations, 15 CFR 30.2, 30.4

Refining of dore or scrap into bars

Applies when: US refines domestic or imported dore

  1. Due diligence

    Onboard the supplier under the LBMA Responsible Gold Guidance and OECD five-step framework: KYC, mine-of-origin evidence, origin-country export papers for imported mined gold, sanctions screening; the refiner as a dealer applies its AML program

    Who
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    Issues
    Refiner supplier onboarding file (RGG / OECD five-step)
    StandardBlockedNot recorded

    Legal basis: LBMA RGG; 31 CFR 1027.210

    Researcher's note: COMEX requires approved producers to follow LBMA RGG; which origin papers a given US refiner demands was not seen.

  2. Assay

    Receive, weigh, melt and sample the lot; assay and issue the outturn used for settlement

    Who
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    Needs
    Refiner supplier onboarding file (RGG / OECD five-step); Carrier receipt / chain-of-custody record mine to refinery
    Issues
    Refiner outturn / assay report (US refinery)
    Unverified

    Researcher's note: Industry practice; no US refiner outturn read.

    No source recorded
  3. Refining

    Refine to 995 or 999.9 and cast 400 oz Good Delivery, 100 oz or 1 kg bars bearing the facility's brand mark, serial number, weight and fineness

    Who
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    Needs
    Refiner outturn / assay report (US refinery)
    StandardBlockedNot recorded
  4. Assay

    Issue refiner certificates and a bar list for the bars produced

    Who
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    Issues
    Refiner certificate for bars produced (brand, serial, weight, fineness)
    StandardBlocked
  5. Reporting

    Undergo the annual independent LBMA RGG assurance audit and publish the compliance report

    Who
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    Issues
    LBMA Responsible Gold Guidance annual assurance report
    StandardBlockedNot recorded

Sale by COMEX futures delivery

Applies when: Gold sold through the exchange

Channel: COMEX gold futures (GC) physical delivery

  1. Custody

    Short clearing member submits a delivery intention in Deliveries Plus selecting warrants (brand, weight, warrant number, warehouse) - Day 1

    Who
    Futures clearing member / bullion bank
    With
    Exchange clearing house (CME Clearing for COMEX)
    Needs
    COMEX gold warrant (electronic UCC Article 7 document of title)
    Issues
    COMEX delivery intention notice (Deliveries Plus)
    StandardBlocked
  2. Pricing

    Issue invoices on the morning after the intention day at the settlement price plus storage reimbursement - Day 2

    Who
    Exchange clearing house (CME Clearing for COMEX)
    Needs
    COMEX delivery intention notice (Deliveries Plus)
    Issues
    CME Clearing delivery invoice
    StandardBlocked
  3. Payment

    Settle: the warrant transfers electronically to the long clearing member and funds are banked through clearing - Day 3

    Who
    Exchange clearing house (CME Clearing for COMEX)
    With
    Futures clearing member / bullion bank
    Needs
    CME Clearing delivery invoice
    Issues
    Warrant transfer and funds banked through clearing
    StandardBlocked
  4. Custody

    On warrant cancellation, load out the metal first-come first-served; if not released within 5 business days notify the exchange; delivery orders received by the 20th must be released by month-end

    Who
    COMEX-approved depository / bullion vault
    Needs
    Warrant transfer and funds banked through clearing
    Issues
    Load-out release record after warrant cancellation
    StandardBlocked

Sale to or through a precious-metals dealer

Applies when: Gold sold OTC or at retail/wholesale within the US

Channel: dealer / OTC

  1. Due diligence

    Apply the AML program to the customer or supplier: risk-based due diligence, sanctions screening, extra scrutiny of foreign suppliers and purchases from the public

    Who
    Dealer in precious metals (31 CFR 1027 'dealer')
    Issues
    Dealer customer due diligence and sanctions-screening file
    Primary lawNot recorded

    Legal basis: 31 CFR 1027, 1027.210

  2. Reporting

    File Form 8300 within 15 days when more than $10,000 in currency (or designated monetary instruments) is received in one or related transactions; give the payer a statement by 31 January; keep a copy 5 years

    Who
    Dealer in precious metals (31 CFR 1027 'dealer')
    Needs
    Dealer customer due diligence and sanctions-screening file
    Issues
    IRS/FinCEN Form 8300 - report of cash payments over $10,000 received in a trade or business
    Primary lawNot recorded

    Legal basis: 31 CFR 1010.330; 26 USC 6050I, 1010.330(a)(1)(i), (b)(1), (e)(3)

  3. Reporting

    File a suspicious activity report where warranted (voluntary for dealers; no mandatory dealer SAR rule)

    Who
    Dealer in precious metals (31 CFR 1027 'dealer')
    Needs
    Dealer customer due diligence and sanctions-screening file
    Issues
    Suspicious activity report (voluntary for dealers)
    Official guidanceNot recorded

    Researcher's note: The dealer part of the SAR rules is reserved ("§§ 1027.310-1027.320 [Reserved]"); the Africa Gold Advisory says dealers "may voluntarily file" SARs.

Licences and registrations

  • COMEX approved depository for gold

    Exchange approval notice

    Held by
    COMEX-approved depository / bullion vault
    Issued by
    COMEX (CME Group)
    Valid for
    Two-year terms from 1 July; applications before 1 May of odd-numbered years
    StandardBlocked

    Legal basis: COMEX Rulebook, Rule 703.A

  • COMEX approved producer / approved brand for gold

    Listing on the COMEX service providers table (brand mark per facility)

    Held by
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    Issued by
    COMEX (CME Group)
    StandardBlocked

    Legal basis: COMEX Rulebook, Rule 703.A; 113101

  • Written AML program as a dealer in precious metals

    Held by
    Dealer in precious metals (31 CFR 1027 'dealer')
    Issued by
    Self-implemented under FinCEN rule (examined by IRS)
    Primary lawNot recorded

    Legal basis: 31 CFR 1027, 1027.100(b), 1027.210

  • Written AML program as a dealer in precious metals

    Written AML program, compliance officer designation, training and independent testing records

    Held by
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    Issued by
    Self-implemented under FinCEN rule (examined by IRS)
    Primary lawNot recorded

    Legal basis: 31 CFR 1027, 1027.100(b), 1027.210

  • LBMA Good Delivery listing (gold)

    Held by
    Refinery (US), may be LBMA Good Delivery and/or COMEX approved producer
    Issued by
    LBMA
    StandardNot recorded

    Legal basis: LBMA Good Delivery Rules; Responsible Gold Guidance

    Researcher's note: Which US refiners are currently listed could not be read (list is rendered by script); 67 gold refiners listed worldwide.

  • Recorded unpatented mining claim (BLM serial number)

    BLM case serial number / recorded location notice

    Held by
    Mine operator / claimant (industrial lode or placer mine)
    Issued by
    BLM (recordation); county recorder (location notice)
    Valid for
    Indefinite while annual maintenance fee paid by 1 Sep (or waiver)
    Fee
    $25 processing + $49 location + $200 maintenance per lode claim (from 1 Sep 2024)
    Primary lawNot recorded

    Legal basis: General Mining Law 1872; 30 U.S.C. 28f; 43 CFR 3830.21, Parts 3834-3835, 30 U.S.C. 22; 30 U.S.C. 28f(a)-(b); 43 CFR 3830.21(a), 3834.11

    Researcher's note: $25 processing fee as posted on the BLM page (43 CFR 3000.120); [not-read] county recording rules are state law.

  • Reclamation financial guarantee (bond, letter of credit or cash)

    Accepted financial guarantee

    Held by
    Mine operator / claimant (industrial lode or placer mine)
    Issued by
    BLM (and/or NDEP in Nevada)
    Primary lawNot recorded

    Legal basis: 43 CFR 3809, 3809.500, 3809.552, 3809.555

  • Nevada reclamation permit

    Held by
    Mine operator / claimant (industrial lode or placer mine)
    Issued by
    NDEP BMRR
    Official guidanceNot recorded

    Legal basis: NRS 519A; NAC 519A

  • Nevada water pollution control permit

    Held by
    Mine operator / claimant (industrial lode or placer mine)
    Issued by
    NDEP BMRR
    Official guidanceNot recorded

    Legal basis: NRS 445A.300-445A.730; NAC 445A.350-445A.447

  • Approved plan of operations (43 CFR 3809)

    BLM decision approving the plan

    Held by
    Mine operator / claimant (industrial lode or placer mine)
    Issued by
    BLM
    Primary lawNot recorded

    Legal basis: 43 CFR 3809, 3809.11, 3809.401, 3809.411

Taxes and fees

  • Federal royalty on hardrock gold from federal land

    Locatable minerals on unpatented claims

    Rate
    None
    Primary lawNot recorded

    Legal basis: General Mining Law 1872, 30 USC 22

    Researcher's note: [inferred] No text states "no royalty": 30 U.S.C. 22 makes deposits "free and open to exploration and purchase", and the fees in 30 U.S.C. 28f / 43 CFR 3830.21 are the only federal charges found in the texts read.

  • Customs duty on gold (HTSUS 7108)

    All imports of gold

    Rate
    Column 1 general: Free on 7108.11.00 (powder), 7108.12.10 (bullion and dore), 7108.13.10 (gold leaf), 7108.13.55 (rectangular or near-rectangular shapes of 99.5%+ gold marked only with weight, purity or other identifying information), 7108.20.00 (monetary); 4.1% on 7108.12.50 (other unwrought) and 7108.13.70 (other semi-manufactured), Free for special programmes A, AU, BH, CL, CO, D, E, IL, JO, KR, MA, OM, P, PA, PE, S, SG (General Note 3(c)(i): e.g. S = USMCA, PE = Peru TPA, CO = Colombia TPA, AU = Australia FTA, CL = Chile FTA, SG = Singapore FTA, A = GSP, D = AGOA). Column 2: 65% on 7108.12.50 and 7108.13.70, 8% on gold leaf, Free on the others (7108.13.55 footnoted "See 9903.90.08")
    Base
    Customs value
    Paid by
    Importer of record
    Collected by
    CBP
    Primary lawNot recorded

    Legal basis: HTSUS (Revision 19, 2026), heading 7108

  • Nevada gold and silver excise tax

    Rate
    0.75% of Nevada gross revenue above $20,000,000 up to $150,000,000 (i.e. $975,000 at $150m) plus 1.1% of the excess over $150,000,000; nothing due if $20,000,000 or less
    Base
    Nevada gross revenue (revenue sitused to Nevada; gold and silver sales situs where extracted) less the deductions allowed by NRS 363D (e.g. non-gold and silver mineral sales, refunds, bad debts)
    Paid by
    Business entity engaged in extracting gold or silver in Nevada with Nevada gross revenue over $20 million in the taxable year
    Collected by
    Nevada Department of Taxation
    Official guidanceNot recorded

    Legal basis: NRS 363D (per Department of Taxation form EXC-F029), NRS 363D.160 (as cited by the Department)

    Researcher's note: [blocked] NRS 363D not held (leg.state.nv.us challenge); rates from the return computation (lines 15-18), EXC-F029 V2026.1. [unconfirmed] first taxable year (validFrom removed; it had been inferred).

  • Nevada net proceeds of minerals tax

    Rate
    2.00% to 5.00% of net proceeds of each geographically separate operation by the ratio of net to gross proceeds (under 10% -> 2.00; 50% or more -> 5.00); minimum = the local ad valorem rate if above 2%; 5% if net proceeds in a calendar year exceed $4,000,000; royalties 5%
    Base
    Gross yield less allowable deductions (NRS 362.120)
    Paid by
    Mine operator (and royalty recipients)
    Collected by
    Nevada Department of Taxation
    Primary lawNot recorded

    Legal basis: NRS 362 (as reproduced in form LGS-F025), NRS 362.140(1)-(3), (5)

    Researcher's note: [transcription] NRS 362.140 read in the Department of Taxation's reproduction (LGS-F025 V2025.1); [blocked] official NRS page (bot challenge), requested.

  • IEEPA reciprocal tariff (E.O. 14257) - ended February 2026; gold bullion exempt throughout, other 7108 lines exempt from 8 Sep 2025

    7108.12.10 (bullion and dore) was already in Annex II; E.O. 14346 Annex II (FR 43788-43789) marks 7108.11.00, 7108.12.50, 7108.13.10, 7108.13.55, 7108.13.70 and 7108.20.00 as "Addition" for goods entered from 12:01 a.m. EDT 8 Sep 2025. Before that, cast kilobars and 100 oz bars classified in 7108.13.5500 paid the additional duty (CBP ruling N351466: "subject to an additional 10 percent ad valorem rate of duty").

    Rate
    10% on all imports from 12:01 a.m. EDT 5 Apr 2025 (E.O. 14257 s.3(a)) plus country-specific rates from 9 Apr 2025 as modified; goods in Annex II excepted
    Paid by
    Importer of record
    Collected by
    CBP
    Primary lawNot recorded

    Legal basis: E.O. 14257 as modified by E.O. 14346 (IEEPA); ended by E.O. 14389

    Researcher's note: [time-limited] Ended: E.O. 14389 (20 Feb 2026) — the IEEPA duties "shall no longer be in effect and, as soon as practicable, shall no longer be collected"; Learning Resources, Inc. v. Trump (20 Feb 2026) held that "IEEPA does not authorize the President to impose tariffs". [unconfirmed] the exact date collection stopped and any refund procedure (not in the texts read). [ocr] Annex II text is govinfo's OCR layer; the 7108 lines were checked against the page images.

  • Additional duty on Russian products (9903.90.08)

    Products of Russia in U.S. note 30(b); of heading 7108 only 7108.13.55 is listed. Moot for gold: its import is prohibited (us.ctl-russia-gold-ban)

    Rate
    35% ad valorem in lieu of column 2 rates
    Primary lawNot recorded

    Legal basis: HTSUS chapter 99, 9903.90.08

  • Section 122 temporary import surcharge (Proclamation 11012) - gold excepted

    Gold of HTSUS 7108 excepted ("metals used in currency and bullion", Proc. 11012 para. 14(b); Annex I para. 2; Annex II)

    Rate
    10% ad valorem on articles of any country (heading 9903.03.01), in addition to other duties; not applied to the goods listed in U.S. note 2(aa)(ii) (heading 9903.03.03), which include every 7108 subheading: 7108.11.00, 7108.12.10, 7108.12.50, 7108.13.10, 7108.13.55, 7108.13.70, 7108.20.00
    Paid by
    Importer of record
    Collected by
    CBP
    Primary lawNot recordedOCR

    Legal basis: Trade Act of 1974 s.122 (19 U.S.C. 2132); Proclamation 11012; HTSUS U.S. note 2(aa), subchapter III, chapter 99, 9903.03.01; 9903.03.03; note 2(aa)(ii)

    Researcher's note: [time-limited] In effect from 12:01 a.m. EST 24 Feb 2026 "through 12:01 a.m. eastern daylight time on July 24, 2026" (Proc. 11012 cl. (7)); 19 U.S.C. 2132 limits it to 150 days unless extended by Act of Congress; HTSUS compiler's note: expired at the close of 23 Jul 2026. [ocr] Annex text read from OCR of image pages; the 7108 entries checked against the page image (FR 9348).

  • Section 301 forced-labor tariffs on 60 economies (USTR, from 24 Jul 2026) - gold excluded

    All HTSUS 7108 gold excluded; applies to other products of the listed economies

    Rate
    Additional 10% or 12.5% ad valorem depending on the economy (headings 9903.05.20-9903.05.84), e.g. Canada 10% (9903.05.29), Mexico 10% (9903.05.55), United Kingdom 10% (9903.05.81), Peru 12.5% (9903.05.63), Colombia 12.5% (9903.05.32), United Arab Emirates 12.5% (9903.05.80), Switzerland: for goods whose column-1 rate is under 12.5%, column-1 rate plus additional duty totalling 12.5% (9903.05.74; note 52(k)); the same top-up method applies to the EU, Japan, South Korea and Taiwan headings; not applied to articles in U.S. note 52(b) (heading 9903.05.86), which lists 7108.11.00, 7108.12.10, 7108.12.50, 7108.13.10, 7108.13.55, 7108.13.70 and 7108.20.00
    Paid by
    Importer of record
    Collected by
    CBP
    Primary lawNot recordedOCR

    Legal basis: Trade Act of 1974 s.301 (19 U.S.C. 2411); USTR notice FR Doc. 2026-15181; HTSUS U.S. note 52, subchapter III, chapter 99, 9903.05.20-9903.05.84; 9903.05.86; note 52(b)

    Researcher's note: [ocr] USTR Annex II Part A ("Goods of Any Investigated Economy") read from OCR of the image pages; its 7108 entries were checked on the page image (FR 47457) and agree with HTSUS Rev. 19 U.S. note 52(b). Goods in transit before 12:01 a.m. ET 24 Jul 2026 and entered before 28 Jul 2026 are excepted (9903.05.85).

  • VAT / sales tax on gold

    Bullion sales to end buyers

    Rate
    No federal VAT or import VAT; state sales taxes vary - about 33 states exempt investment bullion or have no sales tax (Mar 2026)
    Paid by
    Buyer (collected by dealer) where taxed
    SecondaryNot recorded

    Researcher's note: State statutes not read; list from press.

  • BLM mining claim fees

    Rate
    $49 location fee and $200 initial maintenance fee per new lode claim, mill site or tunnel site; $200 annual maintenance fee (placer: per 20 acres or portion) due on or before 1 September; processing fees per 43 CFR 3000.12 ($25 per new claim on the BLM page)
    Paid by
    Claimant
    Collected by
    BLM
    Primary lawNot recorded

    Legal basis: 30 U.S.C. 28f; 43 CFR 3830.21, 43 CFR 3830.21(a), (d)

    Researcher's note: Processing fee: 43 CFR 3000.120 fixed fee, amount as posted on the BLM page. 30 U.S.C. 28f states $100; the $200 is the CPI-adjusted amount in 43 CFR 3830.21 (30 U.S.C. 28j(c); 43 CFR 3834.21).

  • Merchandise processing fee

    Rate
    0.3464% ad valorem on formal entries (19 CFR 24.23(b)(1)(i)(A)); minimum/maximum per entry $33.58/$651.50 for fiscal year 2026 (1 Oct 2025-30 Sep 2026, CBP Dec. 25-10) and $34.58/$670.86 from 1 Oct 2026 (FY2027 notice); base amounts $25/$485 CPI-adjusted; informal entries a flat fee (base $2-$9)
    Base
    Value of imported goods
    Paid by
    Importer of record
    Collected by
    CBP
    Primary lawNot recorded

    Legal basis: 19 CFR 24.23, 24.23(b)(1)(i), (b)(2)

    Researcher's note: [time-limited] The limits change every 1 October (fiscal year); the ad valorem rate "remains the same".

Controls

  • Gold bullion is not a 'monetary instrument' under the BSA, so the cross-border currency report (CMIR) does not apply to gold carried or shipped across the border; customs entry and EEI are the only declarations.

    Kind
    Cross-border declaration
    Primary lawNot recorded

    Legal basis: 31 CFR 1010.340; 31 CFR 1010.100(dd), 1010.340(a); 1010.100(dd)

    Researcher's note: [inferred] 1010.340(a) covers "currency or other monetary instruments"; gold is not among the monetary instruments listed in 1010.100(dd) (currency, traveler's checks, negotiable instruments, incomplete instruments, bearer securities). No text says expressly that gold is outside CMIR.

  • COMEX gold delivery: one 100 oz bar or three 1 kg bars, weight tolerance 5%, minimum 995 fineness, approved brand from an approved producer complying with LBMA RGG, held in an approved depository reached through the chain of integrity.

    Kind
    Bar standard
    StandardBlocked

    Legal basis: COMEX Rulebook, 113101; Rules 703.A, 705.A

  • SEC-reporting issuers that manufacture or contract to manufacture products in which gold is necessary must "conduct in good faith a reasonable country of origin inquiry" (Form SD Item 1.01(a)); if they know or have reason to believe the gold may come from the DRC or an adjoining country and may not be from recycled or scrap sources, they must exercise due diligence and file a Conflict Minerals Report with an independent private sector audit (Item 1.01(c), Item 1.02). Form SD is filed on EDGAR "no later than May 31" for the prior calendar year. A registrant that mines gold "would not be considered to be manufacturing" it (Instruction 1 to Item 1.01).

    Kind
    Conflict-area due diligence
    Primary lawNot recorded

    Legal basis: Dodd-Frank s.1502; Exchange Act Rule 13p-1; Form SD (as adopted 2012), 17 CFR 240.13p-1; Form SD Items 1.01-1.02

    Researcher's note: [unconfirmed] Form SD read as adopted in 2012; amendments since and the current sec.gov form (403) not seen; enforcement position in us.div-conflict-minerals.

  • Dealers in precious metals (gold of 500+ fineness among covered goods) must keep a written risk-based AML program with compliance officer, training and independent testing; retailers are covered only if they buy over $50,000 from non-dealers.

    Kind
    Anti-money laundering
    Threshold
    Purchased > $50,000 and sold > $50,000 of covered goods in the prior year
    Primary lawNot recorded

    Legal basis: 31 CFR 1027, 1027.100, 1027.210

  • HS 710812 and 710813 (non-monetary gold, unwrought other than powder, and semi-manufactured) are listed EAR 'luxury goods': "A license is required to export, reexport, or transfer (in-country) any item subject to the EAR listed in supplement no. 5 to this part to or within Russia or Belarus" (746.8(a)(7)); applications are "reviewed under a policy of denial" with case-by-case exceptions (746.8(b)(3)).

    Kind
    Sanctions
    Primary lawNot recorded

    Legal basis: EAR 15 CFR 746.8(a)(7), (b)(3); Supplement No. 5 to Part 746, 746.8(a)(7)

  • Goods "mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions shall not be entitled to entry" (19 U.S.C. 1307). Where information "reasonably but not conclusively indicates" such merchandise is being or is likely to be imported, CBP port directors withhold release pending instructions (19 CFR 12.42(e)); a published finding makes such goods prohibited unless the importer proves otherwise (12.42(f)-(g)). The findings list in 12.42(h) contains no gold entry; the 2023 Africa Gold Advisory reports that "In 2019, gold mined in artisanal small mines in the DRC was subject to a WRO."

    Kind
    Import restriction
    Primary lawNot recorded

    Legal basis: Tariff Act of 1930 s.307 (19 U.S.C. 1307); 19 CFR 12.42, 19 U.S.C. 1307; 19 CFR 12.42(e)-(h)

  • US persons may not deal with SDN-listed parties; the 2023 multi-agency Africa Gold Advisory flags Wagner-linked gold from CAR and Sudan and conflict gold from Mali and Burkina Faso, warning of designation and penalties.

    Kind
    Sanctions
    Valid from
    2023-06-27
    Official guidanceNot recorded

    Legal basis: IEEPA-based OFAC programs

  • Historical (2025 - Feb 2026): E.O. 14257 imposed an additional 10% on all imports from 5 Apr 2025 and country rates from 9 Apr 2025, with Annex II exceptions that from the start included 7108.12.10 (bullion and dore). CBP ruling N351466 (31 Jul 2025) classified cast 1 kg and 100 oz bars from Switzerland in 7108.13.5500 ("Classification in 7108.12.10, HTSUS, is precluded") and required heading 9903.01.25 on entry. E.O. 14346 added 7108.11.00, 7108.12.50, 7108.13.10, 7108.13.55, 7108.13.70 and 7108.20.00 to Annex II for goods entered from 8 Sep 2025. All IEEPA duties ended in February 2026 (E.O. 14389; Learning Resources v. Trump). The Section 122 surcharge (24 Feb-24 Jul 2026) and the Section 301 forced-labor tariffs (from 24 Jul 2026) both except all 7108 subheadings.

    Kind
    Import restriction
    Valid from
    2025-09-08
    Primary lawNot recordedOCR

    Legal basis: E.O. 14257; E.O. 14346; E.O. 14389; Proclamation 11012; HTSUS U.S. notes 2(aa) and 52

    Researcher's note: [time-limited] The IEEPA part ended 20 Feb 2026; kept as the record of the 2025 episode. The CBP ruling is official guidance (a ruling letter), the rest primary law.

  • Import into the US of gold of Russian Federation origin is prohibited unless licensed by OFAC; gold of Russian origin located outside Russia before 28 June 2022 is excluded.

    Kind
    Sanctions
    Valid from
    2022-06-28
    Primary lawNot recorded

    Legal basis: E.O. 14068 as amended by E.O. 14114; OFAC Determination (effective 28 Jun 2022, amended 22 Dec 2023), E.O. 14068 s.1(a)(i)(A) (as amended by E.O. 14114 s.3(a)); delegation 31 CFR 587.802

    Researcher's note: [inferred] This is an IEEPA import prohibition, not a tariff; the Supreme Court's 20 Feb 2026 holding concerns tariffs only and the OFAC programme page (retrieved 28 Sep 2026) still lists the determination.

  • Beneficial ownership reporting under the Corporate Transparency Act applies only to a "reporting company" defined as an entity "(A) A corporation, limited liability company, or other entity; (B) Formed under the law of a foreign country; and (C) Registered to do business in any State or tribal jurisdiction" (31 CFR 1010.380(c)(1)(ii)); US-formed companies are no longer reporting companies. Narrowed by the 26 Mar 2025 interim final rule; the final rule is "effective August 14, 2026". Initial reports: within 30 calendar days of registration for companies registered on or after 26 Mar 2025 (1010.380(a)(1)(i)).

    Kind
    Other
    Valid from
    2025-03-26
    Primary lawNot recorded

    Legal basis: 31 CFR 1010.380, 1010.380(a)(1), (c)(1)(ii)

  • Any trade or business receiving more than $10,000 in currency in one or related transactions must file Form 8300 within 15 days. There is no cash ceiling, only reporting.

    Kind
    Cash limit
    Threshold
    > $10,000 cash
    Primary lawNot recorded

    Legal basis: 31 CFR 1010.330; 26 USC 6050I, 1010.330(a)(1)(i)

Trade flows

  • Second episode, July-Sept 2025: 39% reciprocal tariff on Switzerland and the CBP 1 kg-bar ruling; flows resumed after EO 14346 exempted bullion

    Figures: Swiss exports to US 51 t in July 2025 (highest since March); COMEX gold futures record ~$3,534/oz on 7-8 Aug 2025

    SecondaryNot recorded
  • US mine production and refining

    Figures: Mine production 163 t (2024), 160 t (2025e); Nevada ~64%, Alaska ~22%; ~16 refineries; primary refinery output 180 t (2024), 170 t (2025e); secondary 89 t/90 t

    Official guidanceNot recorded
  • Tariff-driven inflow to COMEX, Dec 2024 - Mar 2025: the COMEX-London EFP spread widened to $40-50/oz; Swiss refiners recast London 400 oz bars into 1 kg bars and shipped them to New York

    Figures: ~636 t entered COMEX warehouses from late Nov 2024 to Feb 2025 (+116%); Swiss exports to US 192.9 t in Jan 2025 vs 64.2 t in Dec 2024; COMEX registered +~300 t and eligible +~500 t (WGC)

    SecondaryNot recorded
  • US gold imports and exports (USGS)

    Figures: Imports for consumption 190 t (2024), 320 t (2025e); exports 289 t (2024), 260 t (2025e); import sources 2021-24: Canada, Mexico (dore), Colombia

    Official guidanceNot recorded

Where practice departs from the law

What credible sources show happening that the law does not provide for.

  • Form SD Item 1.01(c) (due diligence, Conflict Minerals Report, audit) remains in the rule, but since April 2017 SEC staff do not recommend enforcement against issuers that file only Items 1.01(a)-(b), after the D.C. Circuit's First Amendment ruling.

    Official guidanceBlockedNot recorded

    Researcher's note: [summary] [blocked] The April 2017 SEC Division of Corporation Finance statement was read only through a summarising fetch (2026-09-22); sec.gov returned 403 to the Mac host on 2026-09-28 (requested). Item 1.01(c) is read in the 2012 Form SD text.

  • Dealers in precious metals must run AML programmes (31 CFR 1027.210) but the dealer suspicious-activity-report section is reserved ("§§ 1027.310-1027.320 [Reserved]"); the 2023 Africa Gold Advisory says dealers "may voluntarily file" SARs, unlike banks, which must report suspicious activity.

    Official guidanceNot recorded
  • The administration said bullion would not be tariffed (presidential post of 11 Aug 2025, press), but CBP ruling N351466 of 31 Jul 2025 classified cast 1 kg and 100 oz bars in 7108.13.5500 — outside Annex II, which then listed only 7108.12.10 — and told the importer to report heading 9903.01.25; the most-traded COMEX bars thus paid the reciprocal tariff until E.O. 14346 added 7108.13.55 and the other 7108 lines for goods entered from 8 Sep 2025.

    Official guidanceNot recorded

    Researcher's note: [summary] the presidential statement is known from press only (us.src-canadianjeweller-2025).

What we could not obtain

Documents the research needed and could not get, where they might be, and why.

  • COMEX Rulebook chapters 7 (delivery facilities) and 113 (gold futures), CME physical delivery process and gold warrants FAQ, CME notices of Aug 2026

    Missing document
    cmegroup.com PDFs and notices
    Where it might be
    https://www.cmegroup.com/content/dam/cmegroup/rulebook/COMEX/1a/113.pdf ; https://www.cmegroup.com/content/dam/cmegroup/rulebook/COMEX/1/7.pdf
    Why not obtained
    HTTP 403 to the Mac host (2026-09-28, bot protection); requested. COMEX facts stay at level standard on the 2026-09-22 summarising reads.
  • Current COMEX gold stocks (registered/eligible)

    Missing document
    CME Gold_Stocks.xls
    Where it might be
    https://www.cmegroup.com/delivery_reports/Gold_Stocks.xls
    Why not obtained
    cmegroup.com returned HTTP 403 to the Mac host on 2026-09-28 (bot protection); requested.
  • Official text of Nevada Revised Statutes chapters 362 (net proceeds of minerals) and 363D (gold and silver excise tax)

    Missing document
    NRS 362; NRS 363D (Nevada Legislature)
    Where it might be
    https://www.leg.state.nv.us/NRS/NRS-362.html ; https://www.leg.state.nv.us/NRS/NRS-363D.html
    Why not obtained
    leg.state.nv.us answers with a bot challenge (HTTP 403 CHALLENGE) to the Mac host on every path tried (2026-09-28); requested. NRS 362 is read in the Department of Taxation's reproduction; NRS 363D only through the Department's return and instructions.
  • Specimens of a US refiner's outturn, toll-refining agreement and bar certificate

    Why not obtained
    Private commercial documents; none published
  • Current Form SD (sec.gov) and the SEC Division of Corporation Finance statement of April 2017 on Item 1.01(c)

    Missing document
    https://www.sec.gov/files/formsd.pdf ; SEC CorpFin updated statement (2017)
    Where it might be
    https://www.sec.gov/news/public-statement/corpfin-updated-statement-court-decision-conflict-minerals-rule
    Why not obtained
    sec.gov returned HTTP 403 to the Mac host (2026-09-28); SEC requires a declared User-Agent that the download worker does not send; requested.
  • Primary state statutes for bullion sales tax exemptions

    Why not obtained
    Not attempted in this session: a state-by-state reading (about 45 sales-tax states) is a scoping decision for Chris — listed in laws/_work/us-requests.md. The model keeps the press-based summary at level secondary.
  • Which US refiners are on the LBMA gold Good Delivery list and COMEX approved-brands list

    Missing document
    LBMA current list; COMEX service providers table
    Where it might be
    https://www.lbma.org.uk/good-delivery/gold-current-list; cmegroup.com rulebook service providers
    Why not obtained
    LBMA list is rendered by script (international library, laws/_international); the CME service-providers table and brand notices returned HTTP 403 to the Mac host on 2026-09-28 — requested (laws/_work/us-requests.md).

Routes through United States

Country pairs

Sources

Every source this country's research cites, with how much of it was read and how.