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Retail_Trading_Status

Allowed-Regulated Unknown
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Created
2025-06-26 12:56
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Executive Summary

Retail cryptocurrency trading is allowed but regulated in Guadeloupe, aligning with France's regulatory framework. The key regulators are the Autorité des Marchés Financiers (AMF) and the Autorité de Contrôle Prudentiel et de Résolution (ACPR). The PACTE Law and the upcoming MiCA Regulation form the core legislative foundation, establishing requirements for Digital Asset Service Providers (DASPs) and Crypto Asset Service Providers (CASPs), including AML/KYC compliance and licensing. French authorities have issued warnings about the risks associated with crypto assets.

Key Pillars

The primary regulator is the Autorité des Marchés Financiers (AMF) and Autorité de Contrôle Prudentiel et de Résolution (ACPR), overseeing crypto-asset activities. The framework includes mandatory registration with the AMF for firms providing crypto-asset custody and/or the purchase/sale of crypto-assets against legal tender. Core compliance requirements include robust Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) procedures, know-your-customer (KYC) obligations, internal control systems, and cybersecurity measures. The EU's MiCA Regulation will further solidify licensing requirements for crypto-asset service providers (CASPs).

Landmark Laws

  • PACTE Law (Plan d'Action pour la Croissance et la Transformation des Entreprises), enacted on May 22, 2019: Established a regulatory framework for crypto-assets in France, creating the status of Digital Asset Service Provider (DASP). Registration is mandatory for custody of digital assets for third parties and the purchase or sale of digital assets in exchange for legal tender.
  • Markets in Crypto-Assets (MiCA) Regulation: A European Union regulation expected to be fully implemented by the end of 2024. It will create a harmonized regulatory framework for crypto-assets across the EU, introducing licensing requirements for crypto-asset service providers (CASPs) and issuers of crypto-assets to enhance investor protection, market integrity, and financial stability.

Considerations

Crypto-assets are treated as assets subject to capital gains tax upon sale. For occasional sales by individuals, capital gains are subject to a single flat-rate levy (PFU) of 30% (12.8% income tax and 17.2% social security contributions), or by option, to the progressive income tax scale plus social security contributions. Regulators, including the AMF, have issued warnings regarding the risks associated with investing in crypto-assets, including high volatility, the potential for scams, and the complexities of the technology.

Notes

Guadeloupe, as an overseas department and region of France, is subject to French and European Union (EU) regulations. The AMF ensures that DASPs comply with regulations on anti-money laundering and combating the financing of terrorism (AML/CFT). MiCA aims to protect consumers' wallets and make CASPs liable in case they lose investors’ crypto-assets. The French Ministry of Economy, Finance and Industrial and Digital Sovereignty provides official information on the taxation of digital assets through impots.gouv.fr.

Detailed Explanation

Guadeloupe, being an overseas department and region of France, adheres to French and European Union regulations. This means that retail cryptocurrency trading in Guadeloupe is legal and regulated, mirroring the status in mainland France. The regulatory framework is primarily shaped by the PACTE Law (Plan d'Action pour la Croissance et la Transformation des Entreprises), enacted on May 22, 2019, and the forthcoming European Union's Markets in Crypto-Assets (MiCA) Regulation, expected to be fully implemented by the end of 2024.

The Autorité des Marchés Financiers (AMF) and the Autorité de Contrôle Prudentiel et de Résolution (ACPR) are the principal regulatory bodies. The PACTE Law established the Digital Asset Service Provider (DASP, or PSAN in French) framework, mandating registration with the AMF for firms providing crypto-asset custody and/or the purchase/sale of crypto-assets against legal tender. An optional license with more stringent requirements is available for other DASP activities. These include robust Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) procedures, know-your-customer (KYC) obligations, internal control systems, and cybersecurity measures.

The MiCA Regulation will create a harmonized regulatory framework across the EU, including Guadeloupe, introducing licensing requirements for crypto-asset service providers (CASPs) and issuers of crypto-assets. It aims to enhance investor protection, market integrity, and financial stability. According to a press release from the European Council, CASPs will have to adhere to strong requirements to protect consumers' wallets and become liable if they lose investors’ crypto-assets. MiCA will also cover market abuse related to transactions or services, notably for market manipulation and insider dealing.

While retail trading is permitted, French authorities, including the AMF, have issued warnings about the risks associated with crypto-assets, such as high volatility, scams, and technological complexities. Investors are urged to be cautious and use only registered and licensed platforms. Capital gains from occasional crypto-asset sales by individuals are subject to a flat tax rate of 30% (12.8% income tax and 17.2% social security contributions), with an option for progressive income tax scale plus social security contributions. Professional trading activities are taxed as industrial and commercial profits. The French Ministry of Economy, Finance and Industrial and Digital Sovereignty provides information on crypto taxation.

Summary Points

Retail Trading of Crypto-Assets in Guadeloupe: Regulatory Overview

I. General Status

  • Allowed-Regulated: Retail trading of crypto-assets is permitted in Guadeloupe, subject to French and EU regulations.

II. Regulatory Bodies

  • Autorité des Marchés Financiers (AMF):
    • French financial markets authority.
    • Oversees crypto-asset activities, particularly Digital Asset Service Providers (DASPs).
    • Mandatory registration for DASPs providing custody and/or purchase/sale of crypto-assets against legal tender.
    • Optional licensing available for other DASP activities.
    • Ensures DASPs comply with AML/CFT regulations and that management is fit and proper.
    • Website: https://www.amf-france.org/en/actors-products/fintech-innovation-and-crypto-assets
  • Autorité de Contrôle Prudentiel et de Résolution (ACPR):
    • French Prudential Supervision and Resolution Authority.
    • Supervises financial institutions, including some DASPs.
  • European Union (EU):
    • Sets broader regulatory framework through regulations like MiCA.

III. Key Legislation and Regulations

IV. Compliance Requirements for DASPs/CASPs

  • Registration/Licensing: Mandatory registration with the AMF for certain DASP activities; licensing required under MiCA.
  • AML/CFT Procedures: Robust Anti-Money Laundering and Counter-Terrorist Financing measures.
  • KYC Obligations: Know-Your-Customer requirements for verifying customer identities.
  • Internal Control Systems: Implementation of effective internal controls.
  • Cybersecurity Measures: Adequate cybersecurity protocols to protect assets and data.
  • Consumer Protection: Adherence to strong requirements to protect consumers' wallets and liability for lost crypto-assets (MiCA).

V. Notable Restrictions and Limitations

  • AMF Warnings: Public warnings issued by the AMF regarding the risks associated with crypto-asset investments (volatility, scams, complexity).
  • Platform Restrictions: Investors are urged to use only registered and licensed platforms.

VI. Taxation

  • Capital Gains Tax: Capital gains from occasional sales of crypto-assets by individuals are subject to a flat tax rate (PFU) of 30% (12.8% income tax and 17.2% social security contributions) or, by option, to the progressive income tax scale plus social security contributions.
  • Professional Trading: Gains from professional trading activities are taxed as industrial and commercial profits.
  • Source: https://www.impots.gouv.fr/particulier/vos-questions-sur-les-actifs-numeriques

VII. Recent Developments and Changes

  • MiCA Implementation: Ongoing implementation of the EU's MiCA regulation, which will further solidify the regulated status of crypto-assets in Guadeloupe.

Full Analysis Report

Report: Retail_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 and European Union (EU) regulations. Therefore, the legal status of retail cryptocurrency trading in Guadeloupe aligns with that of mainland France.

In France, individuals are legally permitted to buy, sell, and hold cryptocurrencies. The regulatory framework for crypto-assets has been progressively established, primarily through the PACTE Law (Plan d'Action pour la Croissance et la Transformation des Entreprises) adopted in 2019 and more recently through the European Union's Markets in Crypto-Assets (MiCA) Regulation, which is expected to be fully implemented by the end of 2024.

The French Autorité des Marchés Financiers (AMF) and the Autorité de Contrôle Prudentiel et de Résolution (ACPR) are the key regulatory bodies overseeing crypto-asset activities. The PACTE Law established a comprehensive framework for Digital Asset Service Providers (DASPs, or PSANs in French - Prestataires de Services sur Actifs Numériques). Registration with the AMF is mandatory for firms providing services of crypto-asset custody and a_nd/or_ the purchase/sale of crypto-assets against legal tender. An optional license is also available for other DASP activities, which imposes more stringent requirements. These requirements include robust Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) procedures, know-your-customer (KYC) obligations, internal control systems, and cybersecurity measures.

The MiCA Regulation will create a harmonized regulatory framework for crypto-assets across the EU, including France and by extension Guadeloupe. MiCA will introduce licensing requirements for crypto-asset service providers (CASPs) and issuers of crypto-assets, further solidifying the regulated status of these activities. It aims to enhance investor protection, market integrity, and financial stability.

While retail trading is permitted, French authorities, including the AMF, have issued numerous warnings to the public regarding the risks associated with investing in crypto-assets. These risks include high volatility, the potential for scams, and the complexities of the technology. Investors are urged to be cautious, to understand the risks involved, and to use only registered and licensed platforms.

Taxation of cryptocurrency gains is also established in France. Capital gains from the occasional sale of crypto-assets by individuals are subject to a flat tax rate, while gains from professional trading activities are taxed as industrial and commercial profits.

Therefore, retail cryptocurrency trading in Guadeloupe is allowed but is subject to a growing body of regulations aimed at consumer protection, market integrity, and AML/CFT.

3. Specific, Relevant Text Excerpts:

  • Autorité des Marchés Financiers (AMF) on the PACTE Law and DASPs:
    "The PACTE law, enacted on 22 May 2019, established a pioneering regulatory framework for crypto-assets in France. It created the status of Digital Asset Service Provider (DASP). Registration is mandatory for two types of services: the custody of digital assets for third parties and the purchase or sale of digital assets in exchange for legal tender. Other services, such as operating a digital asset trading platform or receiving and transmitting orders for digital assets, are subject to an optional license." (Summary of AMF's role regarding DASPs).
    "This registration allows the AMF to ensure that the persons effectively managing the DASP are fit and proper and that the DASP complies with the regulations on anti-money laundering and combating the financing of terrorism (AML/CFT)." (Summary of AMF's oversight).

  • European Council on MiCA Regulation:
    "The Council today adopted a regulation on markets in crypto-assets (MiCA) which will cover crypto-assets that are not regulated by existing financial services legislation. Key provisions for those issuing and trading crypto-assets (including asset-reference tokens and e-money tokens) cover transparency, disclosure, authorisation and supervision of transactions. The new rules aim to protect investors and preserve financial stability, while allowing innovation and fostering the attractiveness of the crypto-asset sector." (Direct quote from a press release regarding MiCA's adoption, which applies to France and thus Guadeloupe).
    "CASPs will have to adhere to strong requirements to protect consumers' wallets and become liable in case they lose investors’ crypto-assets. MiCA will also cover any type of market abuse related to any type of transaction or service, notably for market manipulation and insider dealing." (Direct quote highlighting consumer protection aspects of MiCA).

  • French Ministry of Economy, Finance and Industrial and Digital Sovereignty on Crypto Taxation:
    "Gains from the sale of digital assets (such as cryptocurrencies) are subject to specific taxation. For occasional sales by individuals, capital gains are subject to the single flat-rate levy (PFU) of 30% (12.8% income tax and 17.2% social security contributions) or, by option, to the progressive income tax scale plus social security contributions." (Summary of the tax regime for crypto gains in France).

4. Direct, Accessible URL Links to Sources:

Sources (Raw Data)

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

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