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French Guiana

Retail_Trading_Status

Allowed-Regulated Unknown
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2025-06-26 13:01
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Executive Summary

Retail cryptocurrency trading is legally permitted in French Guiana, mirroring the regulatory environment of mainland France and shaped by EU regulations, notably MiCA. The primary regulator is the Autorité des Marchés Financiers (AMF), which oversees Crypto-Asset Service Providers (CASPs) and ensures compliance with AML/CFT rules. Key legislation includes the PACTE Law and the EU's MiCA Regulation, establishing authorization and supervision for CASPs. Existing PSANs under the PACTE law have a transitional period until July 1, 2026, to obtain MiCA authorization.

Key Pillars

The key regulatory pillars include: (1) The Autorité des Marchés Financiers (AMF) as the primary regulator, responsible for supervising CASPs and ensuring compliance with MiCA and national provisions. (2) Core compliance requirements such as strict AML/CFT obligations, including customer due diligence (KYC) procedures, overseen in conjunction with the Autorité de Contrôle Prudentiel et de Résolution (ACPR). (3) Authorization requirements for entities providing crypto-asset services (CASPs) under MiCA, with existing PSANs having a transitional period until July 1, 2026 to obtain MiCA authorization.

Landmark Laws

PACTE Law (Law No. 2019-486 of May 22, 2019): Introduced a regime for Digital Asset Service Providers (DASPs), known as PSAN, establishing mandatory registration for certain DASPs with the AMF and compliance with AML/CFT rules.
EU's Markets in Crypto-Assets (MiCA) Regulation (Entered into force in June 2023, largely applicable from December 30, 2024): Establishes a harmonized regulatory framework for crypto-assets across the EU, including France and French Guiana, requiring CASPs to obtain authorization and comply with transparency, consumer protection, and market integrity requirements.

Considerations

Legal Classification: Crypto-assets are recognized as digital assets that can be bought, sold, and held, but are not considered legal tender.
Taxation: Gains from the sale of cryptocurrencies by individuals are subject to taxation in France, with capital gains generally subject to a flat tax (Prélèvement Forfaitaire Unique) at a rate of 30% as of January 1, 2023, with an exemption for annual gains below a certain threshold (e.g., €305).
Risks and Concerns: The AMF regularly issues warnings about the risks associated with investing in crypto-assets.
Operational Challenges: Individuals are required to declare accounts held on foreign cryptocurrency platforms.

Notes

Historical Context: France was an early mover in establishing a regulatory framework for crypto-assets with the PACTE Law.
Future Plans: Existing PSANs registered or licensed under the PACTE law have a transitional period until July 1, 2026, to obtain MiCA authorization to continue operating.
Source Information: Several sources were used, including information from the Ministère de l'Économie, des Finances et de la Souveraineté Industrielle et Numérique, Freeman Law, the AMF, and various legal and financial websites.
Practical Workarounds: Not specified in the text, but the declaration requirements for foreign platforms suggest awareness of cross-border activities.

Detailed Explanation

Retail trading of cryptocurrencies in French Guiana is legally permitted and regulated under French national law, which now incorporates the EU's MiCA Regulation. As an overseas department and region of France, French Guiana is subject to French and EU laws. The PACTE Law (Law No. 2019-486 of May 22, 2019) was an early step in regulating crypto-assets, introducing a regime for Digital Asset Service Providers (DASPs), also known as Prestataires de Services sur Actifs Numériques (PSAN). This law mandated registration with the Autorité des Marchés Financiers (AMF) for certain DASPs, including custodian wallet providers and crypto/fiat exchange services, requiring compliance with Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) rules. An optional license was also available for other DASP categories.

The EU's MiCA Regulation, which entered into force in June 2023 and became largely applicable from December 30, 2024, establishes a harmonized regulatory framework for crypto-assets across the EU, including France and, therefore, French Guiana. MiCA replaces previous national regimes like the PSAN framework, though a transitional period is in place. Under MiCA, entities providing crypto-asset services (now termed Crypto-Asset Service Providers or CASPs, equivalent to PSCA - Prestataires de Services sur Crypto-Actifs in French) must obtain authorization to operate throughout the EU under a "European passport." The regulation imposes various requirements on CASPs related to transparency, consumer protection, market integrity, governance, and prudential safeguards.

The AMF is the competent authority in France for supervising CASPs and ensuring compliance with MiCA and national provisions. New entities must seek authorization as a CASP under MiCA. Existing PSANs registered or licensed under the PACTE law can continue their activities during a transitional period until July 1, 2026, by which time they must obtain MiCA authorization to continue operating. Strict AML/CFT obligations apply to CASPs, with the Autorité de Contrôle Prudentiel et de Résolution (ACPR) working in conjunction with the AMF, particularly concerning AML/CFT compliance. Gains from the sale of cryptocurrencies by individuals are subject to taxation in France. As of January 1, 2023, capital gains are generally subject to a flat tax (Prélèvement Forfaitaire Unique) at a rate of 30%, with an exemption for annual gains below a threshold (e.g., €305). Individuals are also required to declare accounts held on foreign cryptocurrency platforms.

The French government and regulatory authorities acknowledge crypto-assets as part of the financial landscape but do not consider them legal tender. Crypto-assets are recognized as digital assets that can be bought, sold, and held, subject to the established regulatory framework. The focus is on ensuring investor protection, market integrity, and mitigating risks related to illicit activities. The regulatory framework, particularly under MiCA, aims to enhance consumer protection by setting standards for information disclosure, preventing market abuse, and ensuring the safekeeping of client assets. The AMF regularly issues warnings about the risks associated with investing in crypto-assets. Several sources provide relevant information, including the Ministère de l'Économie, des Finances et de la Souveraineté Industrielle et Numérique, Freeman Law, and the AMF.

Summary Points

Retail Trading of Cryptocurrencies in French Guiana: Regulatory Status

I. General Status:

  • Allowed-Regulated: Retail cryptocurrency trading is legally permitted in French Guiana, subject to French and EU regulations.

II. Regulatory Bodies and Roles:

  • Autorité des Marchés Financiers (AMF):
    • French financial markets regulator.
    • Supervises Crypto-Asset Service Providers (CASPs) and ensures compliance with MiCA and national provisions.
    • Issues warnings about the risks associated with investing in crypto-assets.
  • Autorité de Contrôle Prudentiel et de Résolution (ACPR):
    • Works in conjunction with the AMF, particularly concerning Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) compliance for CASPs.

III. Key Legislation and Regulations:

  • French National Law: Applicable to French Guiana as an overseas department and region of France.
  • EU's Markets in Crypto-Assets (MiCA) Regulation:
    • Establishes a harmonized regulatory framework for crypto-assets across the EU, including France and French Guiana.
    • Imposes requirements on CASPs related to transparency, consumer protection, market integrity, governance, and prudential safeguards.
  • PACTE Law (Law No. 2019-486 of May 22, 2019):
    • Introduced a regime for Digital Asset Service Providers (DASPs), known in French as Prestataires de Services sur Actifs Numériques (PSAN).
    • Established mandatory registration for certain DASPs (custodian wallet providers and crypto/fiat exchange services) with the AMF.
    • Being replaced by MiCA, with a transitional period.

IV. Requirements for Compliance:

  • Authorization: Entities providing crypto-asset services (CASPs) must obtain authorization under MiCA to operate throughout the EU.
  • AML/CFT: Strict Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) obligations apply to CASPs, in line with EU AML Directives and French national law.
    • Includes Customer Due Diligence (KYC) procedures.
  • Transparency: CASPs must adhere to transparency requirements.
  • Consumer Protection: CASPs must adhere to consumer protection standards.
  • Market Integrity: CASPs must adhere to market integrity standards.
  • Governance: CASPs must adhere to governance standards.
  • Prudential Safeguards: CASPs must adhere to prudential safeguards.

V. Notable Restrictions or Limitations:

  • Not Legal Tender: Cryptocurrencies are not legal tender in French Guiana (the Euro is).
  • Taxation: Gains from the sale of cryptocurrencies are subject to taxation in France and French Guiana.
    • Capital gains are generally subject to a flat tax (Prélèvement Forfaitaire Unique - PFU) at a rate of 30%.
    • Exemption for annual gains below a certain threshold (e.g., €305).
    • Individuals are required to declare accounts held on foreign cryptocurrency platforms.

VI. Recent Developments or Changes:

  • MiCA Implementation: The EU's MiCA Regulation entered into force in June 2023 and became largely applicable from December 30, 2024 (with provisions for stablecoins applying from June 30, 2024).
  • Transitional Period: Existing PSANs registered or licensed under the PACTE law can continue their activities during a transitional period, which extends until July 1, 2026, by which time they must obtain MiCA authorization to continue operating.
  • New Providers: New providers wishing to offer services must now be authorized as CASPs (Crypto-Asset Service Providers) in application of MiCA.

Full Analysis Report

Report on Retail Trading Status of Cryptocurrencies in French Guiana

Date of Report: 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 in French Guiana

Identified Status: Allowed-Regulated

Narrative Explanation:

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

Individual citizens and residents in French Guiana are legally permitted to buy, sell, and hold cryptocurrencies. This activity is regulated under the French legal framework, which has been evolving and is now significantly shaped by the EU's Markets in Crypto-Assets (MiCA) Regulation.

Historical Context and Regulatory Evolution:

France was an early mover in establishing a regulatory framework for crypto-assets. The PACTE Law (Law No. 2019-486 of May 22, 2019) introduced a regime for Digital Asset Service Providers (DASPs), known in French as Prestataires de Services sur Actifs Numériques (PSAN). This law aimed to attract meritorious projects while bringing the crypto ecosystem under regulatory oversight. It established mandatory registration for certain DASPs (custodian wallet providers and crypto/fiat exchange services) with the Autorité des Marchés Financiers (AMF), the French financial markets regulator. This registration includes compliance with Anti-Money Laundering and Counter-Terrorist Financing (AML/CFT) rules. An optional license was also available for other DASP categories, offering a higher level of regulatory scrutiny and investor protection.

Current Regulatory Framework under MiCA:

The EU's MiCA Regulation, which entered into force in June 2023 and became largely applicable from December 30, 2024 (with provisions for stablecoins applying from June 30, 2024), establishes a harmonized regulatory framework for crypto-assets across the EU, including France and thereby French Guiana. MiCA replaces previous national regimes like the PSAN framework in France, although a transitional period is in place.

Under MiCA, entities providing crypto-asset services (now termed Crypto-Asset Service Providers or CASPs, equivalent to PSCA - Prestataires de Services sur Crypto-Actifs in French) must obtain authorization. This authorization allows them to operate throughout the EU under a "European passport." The regulation imposes various requirements on CASPs, including those related to transparency, consumer protection, market integrity, governance, and prudential safeguards.

Key Regulatory Aspects:

  • Authorization and Supervision: The AMF is the competent authority in France for supervising CASPs and ensuring compliance with MiCA and national provisions. New entities wishing to provide crypto-asset services must now seek authorization as a CASP under MiCA. Existing PSANs registered or licensed under the PACTE law can continue their activities during a transitional period, which extends until July 1, 2026, by which time they must obtain MiCA authorization to continue operating.
  • AML/CFT Requirements: Strict AML/CFT obligations apply to CASPs, in line with EU AML Directives and French national law. This includes customer due diligence (KYC) procedures. The Autorité de Contrôle Prudentiel et de Résolution (ACPR) works in conjunction with the AMF, particularly concerning AML/CFT compliance for DASPs/CASPs.
  • Taxation: Gains from the sale of cryptocurrencies by individuals are subject to taxation in France. As of January 1, 2023, capital gains from crypto-assets are generally subject to a flat tax, the Prélèvement Forfaitaire Unique (PFU), at a rate of 30% (comprising income tax and social levies). There is an exemption for annual gains below a certain threshold (e.g., €305). Individuals are also required to declare accounts held on foreign cryptocurrency platforms.
  • Consumer Protection: The regulatory framework, particularly under MiCA, aims to enhance consumer protection by setting standards for information disclosure, preventing market abuse, and ensuring the safekeeping of client assets. The AMF regularly issues warnings about the risks associated with investing in crypto-assets.

Applicability to French Guiana:

As an integral part of the French Republic, French laws and EU regulations, including those pertaining to financial markets and crypto-assets, are applicable in French Guiana. Therefore, residents of French Guiana engaging in cryptocurrency trading are subject to the same legal and regulatory provisions as residents of mainland France.

Official Stance:

The French government and regulatory authorities acknowledge crypto-assets as part of the financial landscape. While not considered legal tender (the Euro is the sole legal tender in France and its territories, including French Guiana), crypto-assets are recognized as digital assets that can be bought, sold, and held, subject to the established regulatory framework. The focus is on ensuring investor protection, market integrity, and mitigating risks related to illicit activities.

Specific Relevant Text Excerpts:

  • Freeman Law (referencing the PACTE Law's applicability): "French Guiana is a French territory, governed by the provisions of the French constitution as a territorial collectivity of France and, as such, forms an integral part of the French Republic. Therefore, its current cryptocurrency regime is regulated under French legislation. In May 2019, France issued regulations regarding Initial Coin Offerings (ICOs) and intermediaries providing crypto-asset services under its PACTE law n° 2019-486."
  • Autorité des Marchés Financiers (AMF) on MiCA transition: "In France, actors who can justify having provided crypto-asset services in accordance with national law before this date [December 30, 2024] may continue to provide them for a maximum period of 18 months, i.e., until July 1, 2026. This provision applies until they are granted or refused authorization under MiCA. PSANs registered or approved before December 30, 2024, under the PACTE regime can therefore continue to provide their services for activities subject to mandatory approval or registration presented in the activity program during their approval or registration. New providers wishing to offer services must now be authorized as CASPs (Crypto-Asset Service Providers) in application of MiCA." (Summary of AMF statement)
  • Ministère de l'Économie, des Finances et de la Souveraineté Industrielle et Numérique on legality and regulation: "The platforms distributing cryptos in France are controlled by the Autorité des Marchés Financiers (AMF)." "For reminder, with the Pacte law of May 22, 2019, France had adopted an unprecedented and pioneering framework regulating both issuers of crypto-assets and digital asset service providers (PSAN). The application of the European MiCA regulation in French law is its continuation."
  • Ministère de l'Économie, des Finances et de la Souveraineté Industrielle et Numérique on taxation: "Capital gains realized by individuals, upon the sale of cryptocurrencies, are exempt from tax if the total sales in the year are less than 305 euros, in accordance with Article 150 VH bis of the General Tax Code. Beyond 305 euros, capital gains are taxable, regardless of the frequency of transactions, whether occasional or habitual. Since January 1, 2023, two types of taxation are available, at the taxpayer's choice depending on their interests: the Single Flat-Rate Levy (PFU at a rate of 30% including income tax at a rate of 12.8% and social security contributions at 17.2%), or the progressive scale of income tax."
  • AMF on MiCA's scope: "Derived from a series of measures relating to digital finance in Europe ('Digital finance package'), the European regulation on crypto-asset markets (Markets in Crypto-Assets or MiCA) aims to regulate issuances and services on crypto-assets that do not fall under existing regulations for financial instruments and financial products, by creating a harmonized European regulatory framework."

Conclusion:

Retail trading of cryptocurrencies in French Guiana is legally permitted and is regulated under the comprehensive framework established by French national law, which now incorporates the EU's MiCA Regulation. This framework includes mandatory authorization for service providers, strict AML/CFT and KYC requirements, consumer protection measures, and specific tax rules for capital gains.

Sources:

  • Ministère de l'Économie, des Finances et de la Souveraineté Industrielle et Numérique. (2025, January 20). Cryptoactifs, cryptomonnaies : comment s'y retrouver. Retrieved from economie.gouv.fr
  • Freeman Law. (2021, June 2). French Guiana & Cryptocurrency. Retrieved from freemanlaw.com
  • Data.gouv.fr. (Date not specified, likely updated regularly). Liste blanche des prestataires de services sur actifs numériques (PSAN). Retrieved from data.gouv.fr
  • Mouhou, Y. (Date not specified). La réglementation des crypto-monnaies par l'AMF : un aperçu juridique. Village de la Justice. Retrieved from village-justice.com
  • Cour des comptes. (Date not specified). Les crypto-actifs : une régulation à renforcer. Retrieved from ccomptes.fr
  • Adan. (Date not specified). Guide méthodologique LCB-FT à l'attention des Prestataires de Services sur Actifs numériques (PSAN). Retrieved from adan.eu
  • ORWL Avocats. (Date not specified). Avocats spécialistes des PSAN. Retrieved from orwl.fr
  • Autorité des Marchés Financiers. (2025, June 17). Crypto-actifs : l'AMF clarifie sa doctrine applicable aux PSAN autorisés dans le cadre de la loi PACTE afin de tenir compte de la période transitoire et faciliter la transition vers MiCA. Retrieved from amf-france.org
  • InvestX. (2025, February 5). La meilleure plateforme crypto en Guyane française : Comparatif 2025. Retrieved from investx.fr
  • Autorité de Contrôle Prudentiel et de Résolution (ACPR). (2020, October 12). PSAN : COMMENT PREPARER SON ENREGISTREMENT OU SON AGREMENT. Retrieved from acpr.banque-france.fr
  • Blockpit. (2025). Impôt Crypto France: Guide fiscal complet. Retrieved from blockpit.io
  • Léonard, G. (2025, March 13). Achat immobilier en crypto : que dit la loi ? Village de la Justice. Retrieved from village-justice.com
  • Banque Delubac & Cie. (2024). Les cryptomonnaies sont-elles imposables ? Guide fiscalité 2024 en France. Retrieved from delubac.com
  • Autorité des Marchés Financiers. (2024, August 2). Le règlement européen Markets in Crypto-Assets (MiCA). Retrieved from amf-france.org
  • Mouhou, Y. (2025, February 11). Le statut juridique des crypto-monnaies. Village de la Justice. Retrieved from village-justice.com
  • KPMG Avocats. (2024, August 6). La réglementation PSAN/MICA : se faire réguler en France et en Europe. Retrieved from kpmgavocats.fr
  • Hashtag Avocats. (2024, August 22). Est-ce que la crypto-monnaie est légale en France ? Retrieved from hashtag-avocats.fr
  • Ministère de l'Économie, des Finances et de la Souveraineté Industrielle et Numérique. (Date not specified, regularly updated). Le régime fiscal des cryptomonnaies. Retrieved from economie.gouv.fr
  • Autorité des Marchés Financiers. (2025, May 27). "La transition vers le règlement MiCA d'ici au 30 juin 2026, un défi collectif". Retrieved from amf-france.org
  • Société Générale Securities Services. (2025, April 24). MICA est entré en application le 30 décembre 2024. Retrieved from securities-services.societegenerale.com

Web Sources (21)

Sources discovered via web search grounding

Search queries used (6)
  • réglementation cryptomonnaie Guyane française
  • statut légal trading cryptomonnaie particuliers Guyane française
  • Autorité des Marchés Financiers (AMF) France réglementation crypto-actifs
  • application MiCA en France et Guyane française
  • régime des Prestataires de Services sur Actifs Numériques (PSAN) France
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