Brazil [financial-asset gold (BCB-authorised institution)] → Canada (refine) · Domestic sale of refined bars and settlement

货物起点

• CFEM (Compensação Financeira pela Exploração de Recursos Minerais) on gold

  1.5% Gold ore, doré, garimpo gold

  法律原文金额未确认

  • Lei 8.001/1990 as amended by Lei 13.540/2017, art. 2, 2-A, Anexo

• Export duty (Imposto de Exportação) on gold

  None on gold as financial asset (only IOF applies, CF art. 153 §5); on gold as merchandise, only if CAMEX lists it (not confirmed)

  法律原文金额未确认

  • CF art. 153 §5; Decreto 6.759/2009, Decreto 6.759 arts 212 §2, 215

• Income tax on gains from gold operations

  Capital gains on gold financial-asset operations, taxed as financial-market income

  法律原文

  • Lei 7.766/1989, art. 13

• IOF-ouro (tax on gold as financial asset)

  1% Gold as financial asset or exchange instrument, on first acquisition only; the sole tax on such gold

  法律原文金额未确认

  • Lei 7.766/1989; Decreto 6.306/2007; Lei 11.196/2005; CF art. 153 §5, Lei 7.766 arts 4, 8-10; Decreto 6.306 arts 36-40; Lei 11.196 art. 70 II a

• IOF on the FX operation bringing in export receipts

  0% Export proceeds converted into reais

  法律原文金额未确认

  • Decreto 6.306/2007, art. 15-B I

• No repatriation or surrender requirement: exporters may keep foreign-currency export proceeds abroad (Lei 11.371 art. 1); receipts may arrive before or after shipment, including by credit to an account abroad of the authorised institution (Res. BCB 277 art. 46).

  法律原文

  • Lei 11.371/2006 art. 1, as reworded by Lei 14.286/2021 art. 26

• PLGs only for Brazilian citizens or garimpeiro cooperatives (Lei 7.805 art. 5); research authorisations and mining concessions only for Brazilians, companies under Brazilian law with head office and administration in Brazil, or cooperatives (CF art. 176 §1; Decreto 9.406 arts 16, 30).

  法律原文

  • Lei 7.805/1989; CF art. 176 §1, Lei 7.805 art. 5

• Extracting Union minerals without a title is a crime: usurpation, 1-5 years, with the same penalty for whoever acquires, transports, holds or sells the product (Lei 8.176 art. 2 §1); mining without authorisation also carries 6 months-1 year (Lei 9.605 art. 55) and seizure of the product (Lei 7.805 …

  法律原文

  • Lei 8.176/1991; Lei 9.605/1998; Lei 7.805/1989, Lei 8.176 art. 2; Lei 9.605 art. 55; Lei 7.805 art. 21

    “Art. 2° Constitui crime contra o patrimônio, na modalidade de usurpacão, produzir bens ou explorar matéria-prima pertencentes à União, sem autorização legal ou em desacordo com as obrigações impostas pelo título autorizativo. Pena: detenção, de um a cinco anos e multa. § 1° Incorre na mesma pena aquele que, sem autorização legal, adquirir, transportar, industrializar, tiver consigo, consumir ou comercializar produtos ou matéria-prima, obtidos na forma prevista no caput deste artigo.”

• Persons buying and selling gold as financial asset (Lei 9.613 art. 9 II) and dealers in precious metals (art. 9 parágrafo único XI) must identify clients, keep records (at least 5 years), register with their regulator or COAF and report to COAF (arts 10-11); BCB-authorised institutions follow Circ…

  法律原文

  • Lei 9.613/1998; Circular BCB 3.978/2020, Lei 9.613 arts 9-11

• No ban on paying for gold in cash was found in the law in force. BCB-authorised institutions record cash operations above R$2,000 with the bearer's CPF (Circular 3.978 art. 33) and report to COAF, by the next business day, cash deposits, withdrawals and payments of R$50,000 or more (art. 49). PL 3.0…

  R$2,000 (record); R$50,000 (COAF report)

  法律原文金额未确认

  • Circular BCB 3.978/2020, arts 33, 49

• Every exit and entry of gold as financial asset is made by the BCB or an authorised institution, with a PF-authorised domestic transporter, under an e-DMOV; exit always gets a scheduled physical verification (IN RFB 1.082 art. 11 §2); gold with irregular fiscal documents is seized (art. 21 III).

  法律原文

  • IN RFB 1.082/2010, arts 1, 11 §2, 19, 21

    “§ 2º O controle referido no caput será processado com base na Declaração Eletrônica de Movimentação Física Internacional de Valores (e-DMOV).”

• Gold as financial asset may be bought at first acquisition only by BCB-authorised institutions (Lei 7.766 art. 1; IN RFB 2.138 art. 3 I), whose acquisition invoice proves the purchase (Lei 12.844 art. 39 II); regularly constituted garimpeiro cooperatives may buy at origin and must resell to the BCB …

  法律原文

  • Lei 7.766/1989; Lei 12.844/2013; Lei 11.685/2008, Lei 7.766 arts 1-2; Lei 12.844 art. 39 II; Lei 11.685 art. 9

• All gold financial-asset operations and their transport must be covered by fiscal documents; irregular gold is seized by the Receita Federal (Lei 7.766 art. 3; Decreto 6.306 arts 46, 56). Since 1 Aug 2023 the document is the NF-e Ouro Ativo Financeiro; an invoice with inaccurate data is inidônea (I…

  法律原文

  • Lei 7.766/1989; IN RFB 2.138/2023, Lei 7.766 art. 3; IN arts 1 §1, 3, 6

• Before its first acquisition, garimpo gold may be transported only within the gold-producing region (the geological province of the same gold mineralisation where the workings are) up to an authorised buyer.

  法律原文

  • Lei 12.844/2013, art. 38 §§2, 5

• The presumption of legality of the gold and of the buyer's good faith once the seller's documents were filed (Lei 12.844 art. 39 §4) was suspended by the STF in ADI 7.345 (interim order quoted in the EMI of PL 3.025/2023, which also ordered the Executive to adopt within 90 days a new framework for …

  法律原文

  • STF ADI 7.345 and 7.273; IN BCB 406/2023, IN BCB 406 art. 2

• Mining in Indigenous lands requires Congress authorisation (CF art. 231 §3), the garimpeiro-cooperative priority of art. 174 §§3-4 does not apply there (art. 231 §7), and a PLG does not apply to Indigenous lands (Lei 7.805 art. 23 a). Gold from garimpo in Indigenous lands cannot be lawfully prod…

  法律原文

  • Constituição Federal; Lei 7.805/1989, CF art. 231 §§3, 7; Lei 7.805 art. 23 a

    “§ 7º Não se aplica às terras indígenas o disposto no art. 174, § 3º e § 4º”

货物终点

Doré bar - unstamped → LBMA Good Delivery 400oz bar

• GST on imported precious metal

  Non-taxable Imported precious metals under any circumstances (SOR/91-31 s.3(a)); unwrought gold, waste and scrap and gold concentrates imported to be refined into precious metals (s.3(b))

  法律原文

  • Excise Tax Act; Non-Taxable Imported Goods (GST/HST) Regulations, ETA Sched VII s.8; SOR/91-31 s.3(a), (b)

• GST/HST on 'precious metal' (gold bars, ingots, coins, wafers of 99.5%+)

  Zero-rated when supplied by the refiner or the person on whose behalf it was refined (Sched VI Part IX s.3); otherwise exempt as a financial service (Sched V Part VII s.1); supplies by a financial institution to a non-resident zero-rated (Sched VI Part IX s.1) ref.ms-gd400, ref.ms-9999 bars; not doré, granules or jewellery

  法律原文金额未确认

  • Excise Tax Act, s.123(1); Sched V Part VII s.1; Sched VI Part IX ss.1, 3

• GST/HST on doré and other non-qualifying gold

  5% GST (s.165(1)), or HST in participating provinces; exports zero-rated where Sched VI Part V s.1 applies Doré, granules, scrap sold domestically; refining fees charged to metal owners

  法律原文金额未确认

  • Excise Tax Act, s.165(1), (2); Sched VI Part V s.1

• Customs duty on gold (7108) and gold scrap (7112.91)

  Free (MFN and every applicable preferential tariff, incl. UST, CPTPT, UKT) Doré, bullion, powder, semi-manufactures, monetary gold, gold scrap

  法律原文金额未确认

  • Customs Tariff, 7108.11-7108.20, 7112.91

• S.C. 2026, c. 4 (Bill C-12, royal assent 26 Mar 2026) amended the PCMLTFA and the AMP Regulations: penalty ranges per violation $1 to $40,000 (minor), $1 to $4,000,000 (serious) and $1 to $20,000,000 (very serious) (AMP Regulations s.5, as amended by s.118), subject to the Act's maxima of $4,000,000…

  法律原文

  • PCMLTFA and PCMLTF AMP Regulations as amended by S.C. 2026, c. 4, Act ss.9.6(1.1), 73.1; SOR/2007-292 s.5

• CBSA officers may enter premises where goods destined for export are reported, loaded or stored and examine them (Customs Act ss.97.01-97.02, added by S.C. 2026, c. 4, Part 1).

  法律原文

  • Customs Act, ss.97.01, 97.02

• Extractive entities (listed in Canada, or meeting two of $20m assets, $40m revenue, 250 employees) must report and publish payments of $100,000 or more per category per payee to governments in Canada and abroad within 150 days after year end; keep records 7 years; fine up to $250,000 (ESTMA ss.8, 9,…

  法律原文

  • Extractive Sector Transparency Measures Act, ss.8, 9, 13, 24

• A DPMS receiving $10,000 or more in cash in a single transaction must file a large cash transaction report (unless from a financial entity or public body); amounts received within 24 consecutive hours from or for the same person are aggregated.

  $10,000 cash

  法律原文金额未确认

  • PCMLTF Regulations, ss.66, 126

• No exchange control or export-proceeds repatriation requirement identified.

  未经核实

• Since 2025 the Ontario Minister may suspend MLAS access, prohibit or terminate prospector's licences, deny leases and (with Lieutenant Governor in Council approval) cancel claims or terminate leases for the protection of the strategic national mineral supply chain.

  法律原文

  • Ontario Mining Act, ss.4.1(8)-(14), 26.1, 81(1.1), 176.1

• No legal cap on cash payments for gold is in force. Bill C-2 (Strong Borders Act, first reading 3 Jun 2025) Part 11 would add PCMLTFA s.77.5 making it an offence for a person or entity engaged in a business to accept a cash payment, donation or deposit of $10,000 or more (single or prescribed relate…

  $10,000 (proposed)

  法律原文金额未确认

  • Bill C-2 (not enacted), proposed PCMLTFA s.77.5

• Travellers must declare currency or monetary instruments of CAN$10,000 or more; gold bullion is not a monetary instrument and moves as goods through customs.

  CAN$10,000

  法律原文金额未确认

  • Cross-border Currency and Monetary Instruments Reporting Regulations, ss.1, 2

• Dealers in precious metals and precious stones are PCMLTFA reporting entities for purchases or sales of $10,000 or more (compliance program, KYC, beneficial ownership, PEPs, records kept at least five years, STR, LCTR, LVCTR, listed-person property and sanctions-evasion reports). Excluded: purchases…

  $10,000 per purchase or sale

  法律原文金额未确认

  • PCMLTF Regulations, ss.1(2), 65, 148

• Export reporting (not licensing): non-monetary gold must be declared through CERS/G7 EDI when worth CAD 2,000+ and going anywhere but the US; exports to the US of non-restricted goods are exempt.

  CAD 2,000; US destinations exempt

  法律原文金额未确认

  • Customs Act s.95; Reporting of Exported Goods Regulations, REGR ss.3, 6(b), 7

• Tariff item 9897.00.00 prohibits importation of "Goods manufactured or produced wholly or in part by prison labour" and "Goods mined, manufactured or produced wholly or in part by forced labour or child labour as those terms are defined in section 2 of the Fighting Against Forced Labour and Child La…

  法律原文

  • Customs Tariff, Schedule, tariff item 9897.00.00

• Canada hosts three LBMA Good Delivery gold refiners: Royal Canadian Mint (Ottawa, listed ~1919), CCR Refinery - Glencore Canada Corporation (Montreal East, ~1956) and Asahi Refining Canada Limited (Brampton, 15/06/1961). Output is accepted in London; Asahi and the Mint also state COMEX acceptance.

  标准

• Gold is not on the Export Control List: no export permit, licence or state approval is required to export gold, and no state buyer or export monopoly exists.

  法律原文

  • Export and Import Permits Act; Export Control List, EIPA s.13; SOR/89-202

• Every Ontario patent, lease or other disposition of lands, claims or mining rights is subject to the condition that "all ores or minerals raised or removed therefrom shall be treated and refined in Canada so as to yield refined metal or other product suitable for direct use in the arts without furth…

  法律原文

  • Ontario Mining Act, s.91

• No person in Canada or Canadian abroad may export, sell, supply or ship unwrought (710812) or semi-manufactured (710813) gold, wherever situated, to Russia or to any person in Russia (Schedule 6 Part 1 items 176-177; also jewellery and other listed articles). Exception: personal effects.

  法律原文

  • Special Economic Measures (Russia) Regulations, s.3.08, Schedule 6 Part 1 items 176-177

• Persons in Canada and Canadians abroad may not import, purchase or acquire any Schedule 9 good from Russia or from any person in Russia: gold powder (710811), other unwrought (710812), semi-manufactured (710813), monetary gold (710820), jewellery (711319) and goldsmiths' wares (711419) of precious m…

  法律原文

  • Special Economic Measures (Russia) Regulations, s.3.11, Schedule 9

• No person in Canada or Canadian abroad may import, purchase or acquire Schedule 13 goods, wherever situated, from Russia or a person in Russia; Schedule 13 item 137 is heading 7112 (waste and scrap of precious metal). Added by SOR/2025-143.

  法律原文

  • Special Economic Measures (Russia) Regulations, s.3.16, Schedule 13 item 137

• Entities producing, selling or distributing goods, or importing goods, that are listed in Canada or meet two of $20m assets, $40m revenue, 250 employees must report to the Minister by May 31 each year on steps taken to prevent forced and child labour in their supply chains (S.C. 2023, c. 9, ss.2, 9,…

  法律原文

  • Fighting Against Forced Labour and Child Labour in Supply Chains Act, ss.9, 11

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