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Retail_Trading_Status

Allowed-Regulated Unknown
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Analysis ID
#349
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Created
2025-06-26 12:48
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Executive Summary

Individual citizens and residents in Romania are legally permitted to buy, sell, and hold cryptocurrencies. The regulatory environment is evolving, influenced by EU directives such as MiCA, and national transpositions like GEO No. 111/2020 which addresses AML/KYC. The Financial Supervisory Authority (ASF) is set to become the primary supervisor for crypto-asset service providers (CASPs). Income from cryptocurrency transactions is taxed at a flat 10% rate, highlighting a focus on consumer protection and AML/CFT.

Key Pillars

The primary regulator will be the Financial Supervisory Authority (ASF) for most crypto-asset service providers (CASPs), while the National Bank of Romania (BNR) will oversee issuers of e-money tokens (EMTs). Core compliance requirements include adherence to AML/CFT regulations as outlined in Government Emergency Ordinance no. 111/2020 (transposing AMLD5), mandating KYC/CDD for entities exchanging virtual and fiat currencies and digital wallet providers. Licensing or registration is evolving, with a shift towards ASF supervision under a draft Emergency Government Ordinance aimed at implementing MiCA, replacing the previous authorization process via the Foreign Exchange Licensing Commission.

Landmark Laws

  • Government Emergency Ordinance no. 111/2020: Transposes the EU's Fifth Anti-Money Laundering Directive (AMLD5) into national law. Mandates AML/CFT and KYC compliance for virtual currency exchanges and digital wallet providers.
  • Law 101/2021: Approved Government Emergency Ordinance no. 111/2020, amending Law no. 129/2019 on AML.
  • Law No. 30/2019: Introduced provisions in the Romanian Tax Code regarding the taxation of income obtained from virtual currency transactions.

Considerations

Crypto asset are treated as 'income from alternative sources' for taxation. Income from cryptocurrency transactions is subject to a flat 10% income tax rate on gains (selling price minus purchase price, including transaction costs). Crypto-to-crypto transactions are not currently taxed; taxation occurs upon conversion to fiat currency or use for payments. The National Bank of Romania (BNR) warns about the speculative nature and volatility of cryptocurrencies. A proposal for a temporary tax exemption on crypto gains until July 31, 2025, is noted, but its current status requires monitoring.

Notes

Prior to 2020, cryptocurrencies existed in a legal gray area. The Financial Supervisory Authority (ASF) is now the primary authority overseeing crypto-asset service providers. The National Bank of Romania (BNR) supervises credit and electronic money institutions providing crypto-asset services. A draft Emergency Government Ordinance implements MiCA and assigns responsibilities among national authorities. The BNR clarifies that its regulations do not prohibit credit institutions from offering account services to compliant crypto service providers, given adequate KYC and risk management. There's mention of a press release from the National Bank of Romania emphasizing the risks associated with virtual currencies.

Detailed Explanation

Individual citizens and residents in Romania are legally permitted to buy, sell, and hold cryptocurrencies. Romania's regulatory environment has evolved from a legal gray area before 2020 towards a more structured framework, significantly influenced by European Union directives, especially the Markets in Crypto-Assets Regulation (MiCA). The EU's Fifth Anti-Money Laundering Directive (AMLD5) has been transposed into Romanian national law via Government Emergency Ordinance no. 111/2020, approved by Law 101/2021, amending Law no. 129/2019 on AML. This legislation mandates that providers of exchange services between virtual currencies and fiat currencies, as well as digital wallet providers, comply with AML/CFT and Know Your Customer (KYC) requirements. These entities are considered 'reporting entities' and must identify and report suspicious transactions.

Initially, these service providers needed authorization or registration with the Romanian Ministry of Public Finance through the Foreign Exchange Licensing Commission, and possibly a technical opinion from the Authority for the Digitalisation of Romania. However, a shift is underway with a draft Emergency Government Ordinance aimed at implementing MiCA. This ordinance designates the Financial Supervisory Authority (ASF) as the primary supervisor for most crypto-asset service providers (CASPs), including exchanges and Crypto ATMs. The National Bank of Romania (BNR) will oversee issuers of e-money tokens (EMTs) by credit and electronic money institutions under its supervision. This ordinance, expected to come into force by late 2024 and early 2025, will introduce more rigorous compliance requirements for CASPs, including enhanced KYC, AML, and CFT measures.

The National Bank of Romania (BNR) has issued warnings about the speculative nature and high volatility of cryptocurrencies, highlighting the potential for financial losses. However, the BNR has clarified that its regulations do not prohibit credit institutions from offering account services to compliant crypto service providers, provided these banks implement adequate KYC and risk management measures. Transactions with virtual currencies were first regulated in 2019 under Law No. 30/2019. For taxation, income from cryptocurrency transactions for individuals is categorized as 'income from alternative sources' and is subject to a flat 10% income tax rate on the gains (difference between selling price and purchase price, including direct transaction costs).

Taxpayers are responsible for calculating and declaring these gains. There are specific thresholds for tax exemption on small earnings and potential social security contributions if total profits exceed certain levels. Crypto-to-crypto transactions are not currently considered taxable events; taxation occurs when crypto is converted to fiat currency or used for payments. There was a proposal for a temporary tax exemption on crypto gains for natural persons until July 31, 2025, though its current definitive status requires monitoring. The implementation of the MiCA Regulation has been initiated through a draft Emergency Government Ordinance developed by the Ministry of Finance that delineates the distribution of responsibilities among the competent national authorities, establishes the authorization regime applicable to crypto-asset service providers (CASPs), and introduces a specific framework of sanctions for regulatory breaches. Overall, retail trading is allowed but is increasingly subject to a regulatory framework focused on AML/CFT, consumer protection, and taxation, aligning with broader EU efforts to regulate the crypto-asset market. The full implementation of MiCA is expected to further solidify this regulatory landscape.

Summary Points

Retail Trading of Cryptocurrencies in Romania: Regulatory Status (2025-06-26)

I. General Status:

  • Allowed-Regulated: Individual citizens and residents are legally permitted to buy, sell, and hold cryptocurrencies.
  • The regulatory environment is evolving towards a more structured framework.

II. Key Regulatory Bodies & Roles:

  • Financial Supervisory Authority (ASF):
    • Primary body for supervising most Crypto-Asset Service Providers (CASPs), including exchanges and Crypto ATMs.
    • Responsible for monitoring and implementation of information accompanying fund transfers.
  • National Bank of Romania (BNR):
    • Supervises issuers of e-money tokens (EMTs) by credit and electronic money institutions under its supervision.
    • Issues warnings about the speculative nature and high volatility of cryptocurrencies.
    • Clarifies that regulations do not prohibit banks from offering services to compliant crypto providers, subject to KYC and risk management.
  • Ministry of Public Finance (Formerly):
    • Previously involved in authorization/registration of crypto service providers via the Foreign Exchange Licensing Commission. This is shifting to the ASF.
  • Authority for the Digitalisation of Romania (Potentially):
    • May have been involved in providing technical opinions related to crypto service providers.

III. Important Legislation & Regulations:

  • EU's Markets in Crypto-Assets Regulation (MiCA):
    • Significantly influencing the regulatory framework.
    • Implementation is underway in Romania.
  • EU's Fifth Anti-Money Laundering Directive (AMLD5):
    • Transposed into Romanian national law via Government Emergency Ordinance no. 111/2020, approved by Law 101/2021, amending Law no. 129/2019 on AML.
  • Government Emergency Ordinance no. 111/2020 (Approved by Law 101/2021):
    • Lays down rules on entities involved in cryptocurrency transactions.
    • Extends the concept of reporting entities and their scope.
    • Introduces the obligation to apply standard KYC measures based on a secure identification process.
  • Draft Emergency Government Ordinance (Implementing MiCA):
    • Designates ASF as primary supervisor for most CASPs.
    • BNR oversees issuers of EMTs.
    • Expected to come into force by end of 2024 and early 2025 for certain provisions.

IV. Requirements for Compliance:

  • AML/CFT (Anti-Money Laundering/Counter-Terrorist Financing):
    • Providers of exchange services between virtual currencies and fiat currencies, and digital wallet providers, must comply.
  • KYC (Know Your Customer):
    • Mandatory for exchange services and digital wallet providers.
    • Requires secure identification processes.
  • Reporting of Suspicious Transactions:
    • "Reporting entities" are obligated to identify and report suspicious transactions.
  • Enhanced KYC, AML, and CFT measures:
    • Expected with the implementation of MiCA.

V. Notable Restrictions or Limitations:

  • Warnings from BNR:
    • BNR emphasizes the speculative nature and high volatility of cryptocurrencies, highlighting the potential for financial losses.

VI. Taxation:

  • Income from Cryptocurrency Transactions:
    • Categorized as "income from alternative sources."
    • Subject to a flat 10% income tax rate on gains (selling price minus purchase price, including direct transaction costs).
  • Taxable Event:
    • Taxation occurs when crypto is converted to fiat currency or used for payments.
    • Crypto-to-crypto transactions are not currently considered taxable events.
  • Taxpayer Responsibility:
    • Taxpayers are responsible for calculating and declaring gains.
  • Exemptions and Social Security:
    • Specific thresholds exist for tax exemption on small earnings.
    • Potential social security contributions if total profits exceed certain levels.
  • Proposed Temporary Tax Exemption:
    • A proposal for a temporary tax exemption on crypto gains for natural persons until July 31, 2025, existed, but its current status needs monitoring.

VII. Recent Developments & Changes:

  • Shift in Authorization Process:
    • Moving from Ministry of Public Finance to ASF for supervising most CASPs.
  • Implementation of MiCA:
    • Expected to further solidify the regulatory landscape.
  • Stricter Compliance Rules:
    • Expected for CASPs with the implementation of the Emergency Ordinance.

Full Analysis Report

Report on the Current Status of Retail Trading of Cryptocurrencies in Romania

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).

Status: Allowed-Regulated

Narrative Explanation:

Individual citizens and residents in Romania are legally permitted to buy, sell, and hold cryptocurrencies. The regulatory environment has been evolving, moving from a legal gray area prior to 2020 towards a more structured framework, significantly influenced by European Union directives and regulations, particularly the Markets in Crypto-Assets Regulation (MiCA).

Romania has transposed the EU's Fifth Anti-Money Laundering Directive (AMLD5) into national law (via Government Emergency Ordinance no. 111/2020, approved by Law 101/2021, amending Law no. 129/2019 on AML). This legislation mandates that providers of exchange services between virtual currencies and fiat currencies, as well as digital wallet providers, must comply with AML/CFT (Anti-Money Laundering/Counter-Terrorist Financing) and Know Your Customer (KYC) requirements. These entities are considered "reporting entities" and are obligated to identify and report suspicious transactions.

Initially, there was a requirement for these service providers to be authorized or registered with the Romanian Ministry of Public Finance via the Foreign Exchange Licensing Commission, and potentially obtain a technical opinion from the Authority for the Digitalisation of Romania. However, more recent developments indicate a shift in the authorization process. A draft Emergency Government Ordinance, aimed at implementing MiCA, designates the Financial Supervisory Authority (ASF) as the primary body for supervising most crypto-asset service providers (CASPs), including exchanges and Crypto ATMs, while the National Bank of Romania (BNR) will oversee issuers of e-money tokens (EMTs) by credit and electronic money institutions under its supervision. This new ordinance, expected to come into force by the end of 2024 and early 2025 for certain provisions, will introduce more rigorous compliance requirements for CASPs, including enhanced KYC, AML, and CFT measures.

The National Bank of Romania (BNR) has historically issued warnings about the speculative nature and high volatility of cryptocurrencies, emphasizing the potential for financial losses. However, the BNR has also clarified that its regulations do not prohibit credit institutions from offering account services to compliant crypto service providers, provided these banks implement adequate KYC and risk management measures.

From a taxation perspective, income from cryptocurrency transactions for individuals is categorized as "income from alternative sources" and is subject to a flat 10% income tax rate on the gains (difference between selling price and purchase price, including direct transaction costs). Taxpayers are responsible for calculating and declaring these gains. There are specific thresholds for tax exemption on small earnings and potential social security contributions if total profits exceed certain levels. Crypto-to-crypto transactions are not currently considered taxable events in Romania; taxation occurs when crypto is converted to fiat currency or used for payments. There was a proposal for a temporary tax exemption on crypto gains for natural persons until July 31, 2025, though its current definitive status requires careful monitoring.

Overall, while retail trading is allowed, it is increasingly subject to a regulatory framework focused on AML/CFT, consumer protection, and taxation, aligning with broader EU efforts to regulate the crypto-asset market. The full implementation of MiCA is expected to further solidify this regulatory landscape.

Specific, Relevant Text Excerpts and URL Links:

  • Regarding the legality and AML/KYC requirements:

    • "At the time of writing, buying, holding and selling Bitcoin or any other token generally referred to as a utility token is not restricted in Romania. As with any purchase of commodities, AML/KYC and tax rules must be complied with." (Source: Blockchain & Cryptocurrency Laws and Regulations 2025 – Romania)
      • Link: https://vertexaisearch.cloud.google.com/grounding-api-redirect/AUZIYQHBK3Ox1eXkm1qzmI3tIeUUO-PwFtx9tB_SlOxe9pI-Takr-YFkqsI7jmDXrwXP4gBcPx3uwAlIQCjH-jAzaVlueWJ7VUSO79KPrfL-Mgrmcmpt9gDJCQvM3Godd3gpZm47z2fTxuDXHugzZTo6JZEBjFTzj-ZlRaKvC48dVOeuhQAz17pMPzWirzX0KFpPJN5ovvsGpeDQZwrj0_8lKGGlkvKerZQ=
    • "Romania has enacted GEO No. 111/2020, laying down rules on entities involved in cryptocurrency transactions that are thus bound to identify and report suspicious transactions that may breach any provision concerning the AML framework. GEO No. 111/2020 most notably extends the concept of reporting entities and their scope. It also introduces the obligation to apply standard KYC measures based on a secure identification process." (Source: Blockchain & Cryptocurrency Laws and Regulations 2025 – Romania)
      • Link: https://vertexaisearch.cloud.google.com/grounding-api-redirect/AUZIYQHBK3Ox1eXkm1qzmI3tIeUUO-PwFtx9tB_SlOxe9pI-Takr-YFkqsI7jmDXrwXP4gBcPx3uwAlIQCjH-jAzaVlueWJ7VUSO79KPrfL-Mgrmcmpt9gDJCQvM3Godd3gpZm47z2fTxuDXHugzZTo6JZEBjFTzj-ZlRaKvC48dVOeuhQAz17pMPzWirzX0KFpPJN5ovvsGpeDQZwrj0_8lKGGlkvKerZQ=
    • "The Fifth Anti-Money Laundering Directive (5AMLD) was transposed into Romanian national law (via Romanian Government Emergency Ordinance no. 111/2020 approved by Romanian Law 101/2021) to Romanian Law no. 129/2019 on AML (hereinafter “AML Law”)." (Source: Romania - Elliptic)
      • Link: https://vertexaisearch.cloud.google.com/grounding-api-redirect/AUZIYQEXgTa434COu1wsuBBp0n46fHkqzdNuUzFYs-_qP36PWooW4I_Z9m2yf82UgZVFv3tGW5UAzO4BcdWFFde8F67zYOyEEl0OEF0ElIY5RgSckMB8xjjsf5COI5za1VRMGMw3ZkiNyOOVPBc=
    • "Under the Emergency Ordinance, crypto-asset service providers will be subject to much closer supervision by the National Bank of Romania (the NBR) and the Financial Supervision Authority (the ASF) as the authorities responsible for the monitoring and implementation of the information that accompanies the transfers of funds designated for this purpose." (Source: Romania to introduce stricter compliance rules for crypto-asset service providers - Kinstellar)
      • Link: https://vertexaisearch.cloud.google.com/grounding-api-redirect/AUZIYQGWIKs5-y-WaaDhcmPnVRN_EK8sP2w5jJTS8u8nNoCJSjH4-wEkujoyQpTWee0GptQAKVitCm3mNCJE5ZlNEno8ahwGqZVE-h_pV231htmhX5NKW8RahNMlXq0v2JRhnR8D6zrPkDLEWu4sS3Zzvm8eeoRjke_BRpTdsFbOa3NT6guKVzL0i73SA_0zsnU2WqFNLnnfwQq7Mlt1tioY9d0mdKbb92wgkB8erHcK3uxVgxSRAaZBH5ZJ4x41sC-zevEZ7kIiLDs=
  • Regarding Taxation:

    • "Transactions with virtual currencies (cryptocurrencies) were regulated for the first time in 2019 under Law No. 30/2019, which introduced provisions in the Romanian Tax Code regarding the taxation of income thus obtained." (Source: Blockchain & Cryptocurrency Laws and Regulations 2025 – Romania)
      • Link: https://vertexaisearch.cloud.google.com/grounding-api-redirect/AUZIYQHBK3Ox1eXkm1qzmI3tIeUUO-PwFtx9tB_SlOxe9pI-Takr-YFkqsI7jmDXrwXP4gBcPx3uwAlIQCjH-jAzaVlueWJ7VUSO79KPrfL-Mgrmcmpt9gDJCQvM3Godd3gpZm47z2fTxuDXHugzZTo6JZEBjFTzj-ZlRaKvC48dVOeuhQAz17pMPzWirzX0KFpPJN5ovvsGpeDQZwrj0_8lKGGlkvKerZQ=
    • "In Romania, capital gains from cryptocurrency transactions for individual investors are taxed at a fixed rate of 10% (ten percent)." (Source: Romania - Elliptic)
      • Link: https://vertexaisearch.cloud.google.com/grounding-api-redirect/AUZIYQEXgTa434COu1wsuBBp0n46fHkqzdNuUzFYs-_qP36PWooW4I_Z9m2yf82UgZVFv3tGW5UAzO4BcdWFFde8F67zYOyEEl0OEF0ElIY5RgSckMB8xjjsf5COI5za1VRMGMw3ZkiNyOOVPBc=
    • "The Romanian Tax Code treats cryptocurrency gains as part of individual income, which is taxable under Title IV of the Code. The practical Romania crypto tax rules apply as follows: Taxable income arises only when crypto is converted into fiat currency (e.g., RON, EUR, USD) or used for payment of goods or services. Gains are taxed at a flat 10% income tax rate, calculated as the difference between the sale price and acquisition cost." (Source: Romania crypto tax: avoid double taxation after relocation)
      • Link: https://vertexaisearch.cloud.google.com/grounding-api-redirect/AUZIYQHXYfMQdqdoZsT7lhcg5aRLYjQl2vMXd0W3MCTEfkXiwA5BZoIPtZ6y-GCBUV8Tz4JbdOer05reABVKbyh4AlUd-_V0vaKrzZSdhE4PZgSGyylH35mgVvtmz2vKOPt8zYofBVo2l35ApIyR2vwkeG610BJYvBRdOlHXjixhUCGF
  • Regarding Regulatory Authorities and Warnings:

    • "The National Bank of Romania takes note of the ongoing increase in general public's interest in virtual currencies (also known as crypto-assets) and draws attention that, in its opinion, these currencies continue to be speculative, very volatile and extremely risky assets, with a high potential to cause financial losses for investors..." (Source: Press release on the National Bank of Romania's position concerning virtual currencies - Banca Naţională a României)
      • Link: https://www.bnro.ro/Press-release-on-the-National-Bank-of-Romania%27s-position-concerning-virtual-currencies-22810.aspx (Note: The provided link in the search result was generic; this is a direct link to a relevant BNR page. If the exact 2021 press release is needed, further navigation on the BNR site might be required.)
    • "The Financial Surveillance Authority (ASF) is now the national competent authority overseeing all crypto-asset service providers, including crypto exchanges... The National Bank of Romania (BNR) supervises credit and electronic money institutions providing crypto-asset services." (Source: Blockchain 2025 - Comparisons | Global Practice Guides | Chambers and Partners)
      • Link: https://practiceguides.chambers.com/practice-guides/blockchain-2025/romania
    • "In Romania, the implementation of the MiCA Regulation has been initiated through a draft Emergency Government Ordinance developed by the Ministry of Finance... This legislative act lays down the national framework required for the effective enforcement of the new European provisions and... delineates the distribution of responsibilities among the competent national authorities. Furthermore, the draft ordinance sets out the institutional architecture for the supervision of the domestic crypto-asset market, establishes the authorization regime applicable to crypto-asset service providers (CASPs), and introduces a specific framework of sanctions for regulatory breaches." (Source: The regulation of crypto-assets in Romania. The European legal framework – MiCA Regulation - Legal 500)
      • Link: https://www.legal500.com/developments/thought-leadership/the-regulation-of-crypto-assets-in-romania-the-european-legal-framework-mica-regulation/
  • Historical Context and Evolution:

    • "Romania's journey with cryptocurrency regulation has been gradual: Earlier (pre-2020): No particular laws on cryptocurrencies were in a legal grey area. 2020-2023: The Romanian National Bank (BNR) and the Financial Supervisory Authority (ASF) began monitoring crypto activity while issuing warnings about the risks. 2024-2025: New regulations were adopted which focused on anti-money laundering, taxation and licensing of the crypto businesses." (Source: Cryptocurrency Regulation in Romania - CoinStats & Coinfomania)
      • CoinStats Link: https://coinstats.app/blog/cryptocurrency-regulation-in-romania/
      • Coinfomania Link: https://coinfomania.com/cryptocurrency-regulation-in-romania/

Web Sources (16)

Sources discovered via web search grounding

Search queries used (8)
  • Retail cryptocurrency trading regulations Romania 2025
  • Romania cryptocurrency laws for individuals
  • KYC/AML crypto Romania
  • National Bank of Romania cryptocurrency stance
  • Romanian Financial Supervisory Authority (ASF) crypto regulations
  • Taxation of cryptocurrency gains Romania for individuals
  • Are cryptocurrency exchanges legal in Romania?
  • Warnings about cryptocurrency trading Romania authorities

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