New Caledonia

## Report: Retail Cryptocurrency Trading Status in New Caledonia

**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).

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### Retail_Trading_Status: New Caledonia

**Identified Status:** Gray-Zone

**Detailed Narrative Explanation:**

New Caledonia, as a French overseas collectivity, operates under a unique legal framework. While France has a developing regulatory landscape for cryptocurrencies, largely influenced by European Union directives such as MiCA (Markets in Crypto-Assets Regulation), the direct and specific application and enforcement of these regulations in New Caledonia can be less clear-cut or may be subject to local adaptations or delays.

There is no readily available specific legislation or regulatory framework for cryptocurrencies originating directly from New Caledonian authorities. Financial regulation in New Caledonia is significantly influenced by French law and the authority of French regulatory bodies like the Autorité des Marchés Financiers (AMF) and the Autorité de Contrôle Prudentiel et de Résolution (ACPR). The Institut d'Émission d'Outre-Mer (IEOM) acts as the central bank for French Pacific territories, including New Caledonia, and would play a role in financial oversight.

French law, which generally applies unless specific local provisions exist, has moved towards regulating crypto-assets. The PACTE law (Plan d'Action pour la Croissance et la Transformation des Entreprises) of 2019 established a framework for Digital Asset Service Providers (DASPs, or PSANs in French). These providers must register with the AMF and adhere to AML/CFT (Anti-Money Laundering/Counter-Financing of Terrorism) obligations. While individuals in mainland France can legally buy, sell, and hold cryptocurrencies subject to these regulations and tax obligations, the precise extension and active enforcement of this DASP regime in New Caledonia, including local registration or passporting of services, is not clearly documented in readily accessible public sources specific to New Caledonia.

Given this context:
*   **No Explicit Ban:** There is no evidence of an explicit ban on retail cryptocurrency trading for individuals in New Caledonia.
*   **Influence of French/EU Regulation:** French regulations, including those for DASPs and AML/CFT requirements, would theoretically extend to New Caledonia. Residents would likely be able to use platforms that are regulated in France or the EU, provided these platforms offer services to New Caledonian residents.
*   **Lack of Specific Local Framework:** There is a lack of specific, publicly available information from New Caledonian authorities (e.g., the Government of New Caledonia, or specific pronouncements from the IEOM for New Caledonia) detailing a dedicated local regulatory regime for cryptocurrency trading or licensing of local exchanges.
*   **Potential for Regulatory Lag or Gaps:** The implementation and enforcement of complex financial regulations, such as those for crypto-assets, can sometimes experience delays or have nuances in overseas territories compared to the mainland.

This situation creates a "Gray-Zone" status. While not illegal, the regulatory oversight on the ground in New Caledonia, the extent to which French DASP requirements are actively enforced for services specifically targeting New Caledonian residents, and the availability of locally regulated service providers remain somewhat opaque. Individuals are likely able to access international or French-regulated platforms, but the local regulatory engagement and specific consumer protections directly within New Caledonia are not clearly defined.

Warnings issued by the AMF in France regarding the risks associated with crypto-assets would generally be relevant to New Caledonian residents as well, given the AMF's overarching authority. These warnings typically highlight volatility, the risk of scams, and the need for due diligence when dealing with crypto-asset platforms.

**Specific, Relevant Text Excerpts and Sources:**

Due to the limited specific information directly from New Caledonian authorities on this niche topic, the substantiation relies on the general applicability of French law and the absence of contradictory local regulations.

*   **General Applicability of French Law (Contextual):**
    While not a direct quote on crypto, the legal status of New Caledonia means French laws are generally applicable. The website of the Institut d'Émission d'Outre-Mer (IEOM), which serves New Caledonia, outlines its role within the broader French and European financial system. This implies that major French financial regulations would, in principle, extend to the territory.
    *   **Source:** IEOM Website (General information on its role and connection to French/European systems)
    *   **URL:** [https://www.ieom.fr/](https://www.ieom.fr/) (This is a general link; specific documents detailing the direct application of all French financial laws, including crypto-specific ones, to New Caledonia are not easily isolated. The site details its role under the authority of the Banque de France and by extension, the European System of Central Banks).

*   **French Regulatory Framework for Crypto-Assets (Applicable in Principle):**
    The French Autorité des Marchés Financiers (AMF) outlines the French regulatory framework for crypto-assets, including the DASP (PSAN) regime.
    *   **Quote/Summary (from AMF general information on crypto):** "In France, digital asset service providers (DASPs) that provide services such as the custody of digital assets or the purchase/sale of digital assets in legal tender are subject to mandatory registration with the AMF. Some services require a license. These entities are subject to AML/CFT obligations." (This is a general summary of the AMF's stance and rules applicable in France).
    *   **Source:** Autorité des Marchés Financiers (AMF) France.
    *   **URL:** [https://www.amf-france.org/](https://www.amf-france.org/) (The AMF website contains extensive information on crypto-asset regulation in France, which forms the basis of the regulatory environment that would extend to New Caledonia). For instance, searching for "PSAN" or "crypto-actifs" on the AMF website provides details of the French regime.

*   **Lack of Specific New Caledonian Regulation (Inferred):**
    A thorough search of New Caledonian government websites and the IEOM's publications specific to New Caledonia does not yield any specific, distinct regulations or official statements concerning the legality or regulatory framework for retail cryptocurrency trading originating from local New Caledonian authorities. This absence of specific local legislation or guidance contributes to the "Gray-Zone" status.

**Conclusion on Status:**

The status is deemed "Gray-Zone" because while there's no explicit ban and French regulations theoretically apply, the level of specific regulatory engagement, guidance, and enforcement directly within New Caledonia for retail cryptocurrency activities is not clearly and publicly defined. Residents can likely participate through French or international platforms, but the local nuances, consumer protection specifics, and oversight mechanisms within New Caledonia itself are not as transparent or developed as in mainland France. This creates an environment that is not explicitly unregulated but lacks a clearly articulated and actively enforced local crypto-specific regulatory framework.