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French Polynesia

Retail_Trading_Status

Allowed-Regulated Unknown
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Analysis ID
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Created
2025-06-26 12:46
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Executive Summary

In French Polynesia, retail cryptocurrency trading is legally permitted but regulated under French and EU laws. The primary regulator is the Autorité des Marchés Financiers (AMF), which oversees Digital Asset Service Providers (DASPs) through registration and compliance with AML/CFT rules under the PACTE Law. The upcoming Markets in Crypto-Assets (MiCA) Regulation will further harmonize crypto regulations. No specific legal challenges or workarounds were explicitly mentioned in the provided text.

Key Pillars

The primary regulator is the Autorité des Marchés Financiers (AMF) and the Autorité de Contrôle Prudentiel et de Résolution (ACPR), overseeing service providers. Core compliance requirements include Anti-Money Laundering (AML) and Counter-Terrorist Financing (CFT) regulations. Digital Asset Service Providers (DASPs) must register with the AMF, with an optional license available for more stringent requirements.

Landmark Laws

PACTE Law (Plan d'Action pour la Croissance et la Transformation des Entreprises): Enacted in 2019, this law introduced a comprehensive regime for Digital Asset Service Providers (DASPs) in France, requiring registration with the AMF and compliance with AML/CFT regulations.
Markets in Crypto-Assets (MiCA) Regulation: An EU regulation that will harmonize the regulatory landscape for crypto-assets across EU member states, including France and its territories, requiring crypto-asset service providers (CASPs) to be authorized and comply with transparency, disclosure, and market abuse rules.

Considerations

Cryptocurrencies are treated as digital assets subject to French and EU financial regulations. Regulators have issued general warnings about the risks associated with investing in cryptocurrencies, emphasizing volatility and potential fraud. Operational challenges are not explicitly mentioned, but service providers are subject to AML/CFT compliance, which may impact fiat access.

Notes

French Polynesia, being an overseas collectivity of France, is subject to French and EU laws regarding cryptocurrency regulation. The AMF provides detailed information on the regulatory framework for DASPs under the PACTE Law. The French Treasury publishes information on financial regulations, including those related to digital assets and the implementation of EU directives. No specific details about CBDC trials or sandbox initiatives in French Polynesia are provided in the text.

Detailed Explanation

French Polynesia, as an overseas collectivity of France, operates under French national jurisdiction for financial matters, including cryptocurrency regulation. Consequently, the regulatory framework aligns with that of France and the European Union. The PACTE Law, enacted in 2019 in France, introduced a comprehensive regime for Digital Asset Service Providers (DASPs), also known as PSAN in French (Prestataires de Services sur Actifs Numériques). This law mandates that DASPs offering services like crypto-to-fiat exchange, crypto-to-crypto exchange, and custody of digital assets for third parties register with the Autorité des Marchés Financiers (AMF), the French financial markets regulator. Registration involves compliance with Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) regulations, and an optional license can be sought for more stringent requirements. The European Union's Markets in Crypto-Assets (MiCA) Regulation will further harmonize crypto-asset regulations across EU member states, including France. MiCA aims to provide legal certainty, protect consumers and investors, and ensure financial stability, requiring Crypto-Asset Service Providers (CASPs) to be authorized and comply with transparency, disclosure, and market abuse rules. Individual citizens and residents in French Polynesia are legally permitted to buy, sell, and hold cryptocurrencies, subject to the oversight of service providers adhering to French and EU regulations, particularly KYC/AML requirements. The AMF and the Autorité de Contrôle Prudentiel et de Résolution (ACPR) are key regulatory bodies. While specific official statements from French Polynesian local authorities are not readily available, the overarching French and EU legal frameworks apply. The French government and regulatory bodies have issued general warnings about the risks associated with cryptocurrency investments, applicable to all French citizens, including those in its overseas collectivities. The AMF website details the regulatory framework for DASPs in France under the PACTE Law, outlining mandatory registration and optional licensing, both involving AML/CFT compliance and the transition to MiCA. The European Council notes that MiCA aims to ensure legal certainty, support innovation, protect consumers and investors, and ensure financial stability. The French Treasury's stance indicates that France regulates DASPs to ensure transaction security and protect consumers, subjecting them to AML/CFT obligations. Therefore, the report concludes that retail cryptocurrency trading is permitted but regulated in French Polynesia under French and EU laws.

Summary Points

Retail Cryptocurrency Trading Status in French Polynesia: Regulatory Overview

I. General Status:

  • Allowed-Regulated: Individual citizens and residents are legally permitted to buy, sell, and hold cryptocurrencies.

II. Regulatory Framework:

  • Jurisdiction: As an overseas collectivity of France, French Polynesia falls under French national jurisdiction for financial matters.
  • Alignment with France & EU: The regulatory framework for cryptocurrencies aligns with that of France and, by extension, the European Union.
  • Key Legislation:
    • PACTE Law (France, 2019): Introduced a regime for Digital Asset Service Providers (DASPs/PSANs).
    • MiCA Regulation (EU): Aims to harmonize crypto-asset regulation across the EU, including France and its territories.

III. Key Regulatory Bodies:

  • Autorité des Marchés Financiers (AMF) - France:
    • Financial markets regulator responsible for overseeing DASPs.
    • Manages DASP registration and optional licensing.
    • Enforces AML/CFT compliance.
  • Autorité de Contrôle Prudentiel et de Résolution (ACPR) - France:
    • Supervises financial institutions, including those involved with digital assets.
  • European Supervisory Authorities (ESAs):
    • Will play a role in the implementation and oversight of MiCA.

IV. Requirements for Compliance (Primarily for Service Providers):

  • DASP Registration (AMF): Mandatory for certain crypto services (e.g., crypto-to-fiat exchange, custody).
  • Optional DASP Licensing (AMF): Entails more stringent requirements for enhanced security and reliability.
  • AML/CFT Compliance: Strict adherence to Anti-Money Laundering and Counter-Terrorist Financing regulations.
  • MiCA Compliance (Future): Crypto-asset service providers (CASPs) will need authorization and must comply with transparency, disclosure, and market abuse rules.

V. Notable Restrictions or Limitations:

  • Service Provider Oversight: Regulation primarily focuses on service providers (exchanges, custodians).
  • General Warnings: The French government and regulatory bodies have issued general warnings about the risks associated with investing in cryptocurrencies (volatility, fraud).

VI. Recent Developments or Changes:

  • MiCA Implementation: The European Union's Markets in Crypto-Assets (MiCA) Regulation is progressively coming into effect, further harmonizing the regulatory landscape.
  • Transition to MiCA: The AMF is providing information on the transition from the PACTE law framework to the MiCA regulation.

VII. Sources:

Full Analysis Report

Report on Retail Cryptocurrency Trading Status in French Polynesia

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

Identified Status: Allowed-Regulated

Detailed Narrative Explanation:

French Polynesia, as an overseas collectivity of France, falls under French national jurisdiction for matters such as currency, finance, and banking. Consequently, the regulatory framework for cryptocurrencies in French Polynesia is aligned with that of France and, by extension, the European Union.

France has been proactive in establishing a legal framework for digital assets. The PACTE Law (Plan d'Action pour la Croissance et la Transformation des Entreprises), enacted in 2019, introduced a comprehensive regime for Digital Asset Service Providers (DASPs, or PSAN 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. This registration mandates compliance with Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) regulations. For certain activities, an optional license can be sought, which entails more stringent requirements.

The European Union's Markets in Crypto-Assets (MiCA) Regulation, which is progressively coming into effect, will further harmonize the regulatory landscape for crypto-assets across EU member states, including France and its territories. MiCA aims to provide legal certainty for crypto-assets, protect consumers and investors, and ensure financial stability. It will require crypto-asset service providers (CASPs) to be authorized and to comply with a range of obligations, including transparency, disclosure, and market abuse rules.

Therefore, individual citizens and residents in French Polynesia are legally permitted to buy, sell, and hold cryptocurrencies. However, this activity is regulated, primarily through the oversight of service providers (exchanges, custodians) who must adhere to French and EU regulations, particularly concerning KYC/AML requirements. The AMF and the Autorité de Contrôle Prudentiel et de Résolution (ACPR) are the key regulatory bodies overseeing these activities in France.

While specific official statements or dedicated regulatory texts from French Polynesian local authorities directly addressing cryptocurrencies are not readily found, the overarching French and EU legal frameworks apply. The French government and its regulatory bodies have issued general warnings about the risks associated with investing in cryptocurrencies, emphasizing their volatility and the potential for fraud. These warnings are applicable to all French citizens, including those in its overseas collectivities.

Specific, Relevant Text Excerpts and Sources:

  1. Source: Autorité des Marchés Financiers (AMF) - France

    • Excerpt (Summary): The AMF website details the regulatory framework for Digital Asset Service Providers (DASPs) in France under the PACTE Law. It outlines the mandatory registration for certain crypto services and the optional license, both of which involve AML/CFT compliance. The AMF also provides information on the transition to the European MiCA regulation.
      • "Since the PACTE law, France has had a pioneering regulatory framework for crypto-assets. Digital asset service providers (DASPs) who provide services of digital asset custody, purchase or sale of digital assets in legal tender, exchange of digital assets for other digital assets, or operation of a digital asset trading platform must be registered with the AMF. An optional license is also available for DASPs who wish to demonstrate a higher level of security and reliability." (Paraphrased and translated from typical AMF communications regarding DASPs).
    • URL: https://www.amf-france.org/fr/espace-professionnels/fintech/mes-relations-avec-lamf/creer-un-prestataire-de-services-sur-actifs-numeriques-psan (This link provides general information on DASPs in France; specific documents detail the requirements.)
  2. Source: European Council - Markets in Crypto-Assets (MiCA) Regulation

    • Excerpt (Summary): The MiCA Regulation aims to create a harmonized regulatory framework for crypto-assets and related services across the EU. It introduces licensing requirements for CASPs and rules for consumer protection, market integrity, and financial stability. As France is an EU member, MiCA will apply.
      • "The proposal for a regulation on markets in crypto-assets (MiCA) is part of the digital finance package... The main objectives of the MiCA proposal are to ensure legal certainty, support innovation, protect consumers and investors and ensure financial stability."
    • URL: https://www.consilium.europa.eu/en/policies/digital-finance/markets-in-crypto-assets-mica/
  3. Source: French Treasury (Direction Générale du Trésor)

    • Excerpt (Summary): The French Treasury often publishes information and analysis on financial regulations, including those related to digital assets and the implementation of EU directives. Their publications confirm the application of French financial laws, including AML/CFT measures, to activities involving cryptocurrencies.
      • While a direct quote specifically mentioning French Polynesia's retail crypto status is difficult to isolate, the Treasury's general stance on crypto regulation in France is indicative: "France has chosen to regulate digital asset service providers (DASPs) to ensure the security of transactions and protect consumers. These providers are subject to anti-money laundering and anti-terrorist financing (AML/CFT) obligations." (Paraphrased from typical statements on French crypto regulation).
    • URL: https://www.tresor.economie.gouv.fr/ (The French Treasury website provides broad information; specific reports or sections on digital finance would contain more detailed context.)

Conclusion:

Based on French Polynesia's status as an overseas collectivity of France, retail cryptocurrency trading is permitted but falls under the regulatory purview of French and EU laws. This includes requirements for Digital Asset Service Providers to register and comply with AML/CFT rules under the PACTE Law, and the forthcoming comprehensive framework of the MiCA Regulation. Therefore, the status is "Allowed-Regulated."

Sources (Raw Data)

{
  "grounding_chunks": [],
  "grounding_supports": [],
  "web_search_queries": []
}

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