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Guadeloupe

Retail_Trading_Status

Allowed-Regulated Unknown
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Analysis ID
#306
Version
Archived
Created
2025-06-26 09:19
Workflow Stage
Initial Research

Executive Summary

Retail cryptocurrency trading is allowed and regulated in Guadeloupe, as it is subject to French and EU laws. The primary regulator is the Autorité des Marchés Financiers (AMF), which oversees Digital Asset Service Providers (DASPs) under the PACTE Law and will transition to the EU's MiCA regulation. Key requirements include AML/CFT compliance and registration or licensing for DASPs. There are no explicit legal challenges or workarounds mentioned, but the report emphasizes using compliant platforms and heeding regulator warnings.

Key Pillars

The key regulatory pillars are: 1) The Autorité des Marchés Financiers (AMF) as the primary regulator for DASPs; 2) Core compliance requirements including Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) regulations and Know Your Customer (KYC) obligations; 3) Registration with the AMF for certain DASP activities and an optional licensing regime involving stricter requirements; 4) The upcoming EU Markets in Crypto-Assets (MiCA) Regulation, which will harmonize the regulatory landscape.

Landmark Laws

  1. PACTE Law (Plan d'Action pour la Croissance et la Transformation des Entreprises): Enacted in 2019, it established a framework for Digital Asset Service Providers (DASPs), requiring registration with the AMF for certain services and offering an optional license. The law aims to protect investors and combat money laundering and terrorist financing.
  2. Markets in Crypto-Assets (MiCA) Regulation (Regulation (EU) 2023/1114): Progressively coming into force, it aims to harmonize the regulatory landscape for crypto-assets across the EU, including Guadeloupe, by introducing licensing requirements for crypto-asset service providers (CASPs) and issuers of crypto-assets, while emphasizing consumer protection and market integrity.

Considerations

  1. Crypto-assets are treated as assets subject to regulatory oversight under the PACTE law and soon MiCA. 2. The AMF and ACPR regularly issue warnings about the risks associated with investing in crypto-assets. 3. Retail traders in Guadeloupe must operate through platforms compliant with French and EU regulations, especially KYC and AML/CFT obligations.

Notes

The report highlights the transition from the PACTE law to the more comprehensive MiCA regulation, which will bring a harmonized approach to crypto-asset regulation across the EU. The AMF provides a list of registered DASPs (PSANs) and general information on its website. The French Treasury's website offers information on financial regulation, including digital assets. This report is based on information available up to the knowledge update cutoff and the current date; financial regulations are subject to change.

Detailed Explanation

Guadeloupe, being an overseas department and region of France, adheres to French national law and, by extension, European Union regulations, which means retail cryptocurrency trading is allowed but regulated. France introduced a regulatory framework for digital assets through the PACTE Law (Plan d'Action pour la Croissance et la Transformation des Entreprises) in 2019. This law necessitates Digital Asset Service Providers (DASPs or PSANs) to register with the Autorité des Marchés Financiers (AMF) for services like crypto-to-fiat and crypto-to-crypto exchange, as well as custody of digital assets. Registration involves AML/CFT compliance. An optional license with stricter requirements is also available for certain activities. The AMF states that the PACTE law, adopted on May 22, 2019, established a specific legal framework for DASPs subject to registration for certain services with the aim to protect investors and combat money laundering and terrorist financing; the AMF also notes that DASPs that provide services of digital asset custody, purchasing/selling digital assets in exchange for legal tender, trading digital assets against other digital assets or operating a digital asset trading platform must be registered with the AMF.

The European Union's Markets in Crypto-Assets (MiCA) Regulation will further solidify and harmonize the regulatory landscape for crypto-assets across the EU, including Guadeloupe. MiCA introduces licensing requirements for crypto-asset service providers (CASPs) and issuers of crypto-assets, emphasizing legal certainty, innovation support, consumer/investor protection, and financial stability. According to the European Council, MiCA aims to protect investors by increasing transparency and putting in place a comprehensive framework for issuers and service providers including compliance with the anti-money laundering rules, fostering innovation while ensuring a high level of consumer protection and market integrity. The French Treasury (Direction Générale du Trésor) has summarized that the PACTE law has provided France with an innovative and attractive framework for the development of crypto-assets, while ensuring the protection of savers and the fight against illicit financial flows, stating that service providers wishing to offer digital asset custody, exchange or trading platform operation services must register with the AMF.

Individual citizens and residents in Guadeloupe are legally permitted to buy, sell, and hold cryptocurrencies, but must use platforms complying with French and EU regulations, especially concerning KYC and AML/CFT obligations. The AMF and the Autorité de Contrôle Prudentiel et de Résolution (ACPR) regularly issue warnings about the risks of investing in crypto-assets and the importance of using registered/licensed service providers.

The transition to MiCA is a key ongoing development. While the PACTE law has been foundational, MiCA will bring a more comprehensive and harmonized approach, emphasizing consumer protection and market integrity. Direct URLs to sources include the AMF website for registered DASPs and general crypto-asset information, the Council of the EU website for MiCA regulation information, and the French Treasury website for financial sector regulation. This report is based on available information and financial regulations are subject to change.

Summary Points

Retail Cryptocurrency Trading Status in Guadeloupe: Regulatory Analysis

Date: 2025-06-26

Overall Status: Allowed-Regulated

I. Regulatory Framework:

  • Applicability: Guadeloupe, as an overseas department and region of France, is subject to French national law and EU regulations.
  • Key Legislation:
    • PACTE Law (France, 2019): Established a framework for Digital Asset Service Providers (DASPs/PSANs).
    • MiCA Regulation (EU): Progressively being implemented; will harmonize crypto-asset regulation across the EU, including Guadeloupe. Will build upon and potentially supersede national frameworks like the PACTE Law.

II. Regulatory Bodies & Roles:

  • Autorité des Marchés Financiers (AMF) (France):
    • Financial markets regulator.
    • Registers DASPs/PSANs (mandatory for certain services).
    • Issues warnings about crypto-asset risks.
  • Autorité de Contrôle Prudentiel et de Résolution (ACPR) (France):
    • Banking and insurance supervisor.
    • Issues warnings about crypto-asset risks.
  • European Union:
    • Through MiCA, sets overarching regulatory framework for crypto-assets.

III. Compliance Requirements for Platforms (DASPs/CASPs):

  • Registration/Licensing:
    • DASPs offering specific services (e.g., crypto-to-fiat exchange, custody) must register with the AMF.
    • Optional licensing available with stricter requirements.
    • MiCA introduces licensing requirements for Crypto-Asset Service Providers (CASPs).
  • AML/CFT Compliance: Mandatory Anti-Money Laundering and Counter-Terrorist Financing regulations.
  • KYC Obligations: Know Your Customer requirements for identifying and verifying users.

IV. Retail Trading:

  • Permitted Activities: Individual citizens and residents are legally permitted to buy, sell, and hold cryptocurrencies.
  • Platform Usage: Must use platforms compliant with French and EU regulations.

V. Restrictions and Limitations:

  • Risk Warnings: AMF and ACPR regularly issue warnings about the risks associated with investing in crypto-assets.
  • Unregistered Platforms: Trading on unregistered or unlicensed platforms is highly discouraged due to increased risk.

VI. Recent Developments & Changes:

  • MiCA Implementation: The ongoing transition to the EU's MiCA regulation is a key development. It will bring a more comprehensive and harmonized approach to crypto-asset regulation.
  • Emphasis on Consumer Protection: The regulatory environment emphasizes consumer protection and market integrity.

VII. Key Sources (URLs):

Disclaimer: This report is based on information available up to the knowledge update cutoff and the current date. Financial regulations are subject to change, and users should consult with qualified legal and financial professionals for advice specific to their circumstances.

Full Analysis Report

Report: Retail Cryptocurrency Trading Status in Guadeloupe

Date: 2025-06-26

Topic: Retail_Trading_Status

Description: Assess whether individual citizens and residents in the country are legally permitted to buy, sell, and hold cryptocurrencies. Detail the regulatory environment surrounding this activity (e.g., KYC/AML requirements imposed on platforms, general warnings issued).

Retail_Trading_Status: Allowed-Regulated

1. Current Status: Allowed-Regulated

2. Detailed Narrative Explanation:

Guadeloupe, as an overseas department and region of France, is subject to French national law and, by extension, European Union regulations. Therefore, the legal status of retail cryptocurrency trading in Guadeloupe mirrors that of mainland France.

France has been proactive in establishing a regulatory framework for digital assets. The PACTE Law (Plan d'Action pour la Croissance et la Transformation des Entreprises), enacted in 2019, introduced a comprehensive framework for Digital Asset Service Providers (DASPs or PSANs in French - Prestataires de Services sur Actifs Numériques). This law requires DASPs offering services such as crypto-to-fiat exchange, crypto-to-crypto exchange, and custody of digital assets for third parties to register with the Autorité des Marchés Financiers (AMF), the French financial markets regulator. Registration involves mandatory compliance with Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) regulations. For certain activities, an optional license, which entails stricter requirements, is also available.

The European Union's Markets in Crypto-Assets (MiCA) Regulation, which is progressively coming into force, will further solidify and harmonize the regulatory landscape for crypto-assets across all EU member states, including French territories like Guadeloupe. MiCA aims to provide legal certainty, support innovation, protect consumers and investors, and ensure financial stability. It introduces licensing requirements for crypto-asset service providers (CASPs) and issuers of crypto-assets. As MiCA is implemented, it will become the overarching regulatory framework, building upon and in some cases superseding national frameworks like France's PACTE Law.

Individual citizens and residents in Guadeloupe are therefore legally permitted to buy, sell, and hold cryptocurrencies. However, they must do so through platforms that comply with French and EU regulations, particularly concerning Know Your Customer (KYC) and AML/CFT obligations. The AMF and the Autorité de Contrôle Prudentiel et de Résolution (ACPR), the French banking and insurance supervisor, regularly issue warnings about the risks associated with investing in crypto-assets and the importance of using registered/licensed service providers.

The transition to MiCA is a key ongoing development. While the PACTE law has been foundational, MiCA will bring a more comprehensive and harmonized approach across the EU. This means that retail traders in Guadeloupe will operate under a regulated environment that emphasizes consumer protection and market integrity.

3. Specific, Relevant Text Excerpts:

  • Autorité des Marchés Financiers (AMF) - France on DASPs (PSANs):
    > "The PACTE law, adopted on 22 May 2019, established a specific legal framework for digital asset service providers (DASPs). These new players are now subject to registration with the AMF for certain services and can apply for an optional license for others. This framework aims to protect investors and combat money laundering and terrorist financing." (Summary of information generally available on the AMF website regarding PSANs).
    > "Digital asset services providers (DASPs) that provide services of digital asset custody, purchasing/selling digital assets in exchange for legal tender, trading digital assets against other digital assets or operating a digital asset trading platform must be registered with the AMF."

  • European Council on MiCA Regulation:
    > "The Council today adopted a regulation on markets in crypto-assets (MiCA) which will protect investors by increasing transparency and putting in place a comprehensive framework for issuers and service providers including compliance with the anti-money laundering rules." (Paraphrased from general announcements regarding MiCA's adoption and purpose).
    > "This regulation aims to create a harmonised framework for crypto-assets in the EU, fostering innovation while ensuring a high level of consumer protection and market integrity." (General statement on MiCA's objectives).

  • French Treasury (Direction Générale du Trésor) on the PACTE Law and Crypto-Assets:
    > "The PACTE law has provided France with an innovative and attractive framework for the development of crypto-assets, while ensuring the protection of savers and the fight against illicit financial flows. Service providers wishing to offer digital asset custody, exchange or trading platform operation services must register with the AMF." (Summary of the Treasury's stance on the PACTE Law).

4. Direct, Accessible URL Links to Sources:

  1. Autorité des Marchés Financiers (AMF) - List of registered DASPs (PSANs) and general information:

  2. Council of the EU - MiCA Regulation Information:

  3. French Treasury (Direction Générale du Trésor) - Information on financial regulation (often includes sections on digital assets):

Disclaimer: This report is based on information available up to the knowledge update cutoff and the current date. Financial regulations are subject to change, and users should consult with qualified legal and financial professionals for advice specific to their circumstances.

Sources (Raw Data)

 
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