Guadeloupe

Okay, here is the detailed report on the retail cryptocurrency trading status in Guadeloupe, presented from the perspective of a financial regulatory analyst.

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**Financial Regulatory Analyst Report: Cryptocurrency Status in Guadeloupe**

**Date:** April 12, 2025

**Topic:** Retail_Trading_Status

**Description:** Assessment of the legal permissibility for individual citizens and residents in Guadeloupe to buy, sell, and hold cryptocurrencies, including the relevant regulatory environment (e.g., KYC/AML requirements, official warnings).

**1. Current Status:** `Allowed-Regulated`

**2. Narrative Explanation:**

Guadeloupe, as an overseas department and region of France, falls under the legal and regulatory jurisdiction of the French Republic and, by extension, the European Union. Therefore, the status of retail cryptocurrency trading in Guadeloupe mirrors that of mainland France.

Retail trading of cryptocurrencies (buying, selling, holding by individuals) is **allowed** in Guadeloupe but is subject to a specific **regulatory framework** established by French law, primarily overseen by two key authorities:

*   **Autorité des Marchés Financiers (AMF):** The primary regulator for financial markets, including crypto-assets that qualify as financial instruments and the regulation of Digital Asset Service Providers (DASPs).
*   **Autorité de Contrôle Prudentiel et de Résolution (ACPR):** The banking and insurance supervisor, responsible for overseeing anti-money laundering and counter-terrorist financing (AML/CFT) compliance for entities under its purview, including certain crypto-related activities.

**Key Regulatory Aspects:**

*   **PACTE Law (2019):** France was an early mover within the EU in establishing a dedicated framework for crypto-assets through the *Plan d'Action pour la Croissance et la Transformation des Entreprises* (PACTE) law. This law introduced the mandatory registration and optional licensing regime for Digital Asset Service Providers (DASPs, or *Prestataires de Services sur Actifs Numériques* - PSANs in French).
    *   **Mandatory Registration:** Entities providing services such as (1) custody of digital assets for third parties or (2) the purchase/sale of digital assets in exchange for legal tender (fiat currency) must register with the AMF. This registration involves stringent checks, particularly concerning AML/CFT procedures and the fitness and propriety of the management.
    *   **Optional License:** For other services (e.g., operating a digital asset trading platform, reception and transmission of orders, portfolio management on digital assets), DASPs can apply for an optional license from the AMF, which involves meeting more demanding requirements regarding internal controls, IT security, capital adequacy, and handling client complaints. Licensed DASPs are allowed to actively market their services in France (and thus Guadeloupe).
*   **KYC/AML Requirements:** Registered and licensed DASPs operating in or serving residents of France (including Guadeloupe) are subject to strict Know Your Customer (KYC) and Anti-Money Laundering/Counter-Terrorist Financing (AML/CFT) obligations, similar to traditional financial institutions. This includes customer identity verification, transaction monitoring, and reporting suspicious activities to the French financial intelligence unit (TRACFIN).
*   **Consumer Warnings:** Both the AMF and ACPR regularly issue warnings to the public regarding the risks associated with investing in cryptocurrencies. These warnings highlight high volatility, the risk of total capital loss, the prevalence of scams and fraudulent platforms (especially unregistered ones), cybersecurity risks (hacking of wallets/platforms), and the lack of legal tender status for most cryptocurrencies. They strongly advise investors to use only registered or licensed DASPs.
*   **EU Regulation (MiCA):** The European Union's Markets in Crypto-Assets (MiCA) regulation is set to create a harmonized regulatory framework across all EU member states, including France (and thus Guadeloupe). MiCA will supersede parts of the French PACTE law framework, establishing common rules for crypto-asset issuers and service providers (CASPs). This will further solidify the "Allowed-Regulated" status, bringing comprehensive EU-wide standards for consumer protection, market integrity, and financial stability related to crypto-assets. The transition to MiCA is ongoing, with full implementation expected soon.

In summary, individuals in Guadeloupe are legally permitted to engage with cryptocurrencies. However, the French government and regulators actively steer these activities towards regulated platforms (DASPs/PSANs) to ensure AML/CFT compliance and provide a degree of investor protection, while consistently warning about the inherent risks. Engaging with unregulated platforms carries significant risks and may expose individuals to illicit activities or fraud.

**3. Supporting Excerpts & Sources:**

*   **Source:** Autorité des Marchés Financiers (AMF) - "Digital assets" section.
    *   **Excerpt Summary:** The AMF website details the French regulatory framework for digital assets and DASPs (PSANs) established by the PACTE Law. It explains the distinction between mandatory registration (for custody and fiat-to-crypto exchange) and optional licensing (for other services like operating a trading platform). It emphasizes that registration primarily focuses on AML/CFT compliance, while the license involves broader prudential and investor protection requirements. The AMF maintains and publishes a "white list" of registered/licensed DASPs and a "black list" of unauthorized platforms.
    *   **URL:** `https://www.amf-france.org/en/regulation/digital-assets` (Access the specific sub-sections detailing DASP registration/licensing and warnings)

*   **Source:** Autorité de Contrôle Prudentiel et de Résolution (ACPR) - Public Warnings.
    *   **Excerpt Summary:** The ACPR, often jointly with the AMF, issues public warnings concerning the risks of investing in crypto-assets. These warnings typically highlight volatility, the potential for scams, the importance of using regulated intermediaries (registered DASPs), and the lack of deposit insurance or investor compensation schemes covering most crypto-asset investments. They stress the AML/CFT risks associated with anonymous transactions.
    *   **URL:** `https://acpr.banque-france.fr/en/warning-list-and-warnings` (Search for crypto-related warnings) or joint AMF/ACPR press releases found on their respective sites. Example (though potentially dated, illustrates the type of warning): `https://www.amf-france.org/en/news-publications/news-releases/amf-news-releases/amf-and-acpr-warn-public-against-risks-loss-associated-speculative-investments-crypto-assets` (Look for more recent warnings if available).

*   **Source:** Legifrance (Official French legal database) - Code monétaire et financier (Monetary and Financial Code).
    *   **Excerpt Summary:** Articles L54-10-1 and subsequent articles of the French Monetary and Financial Code (as amended by the PACTE law) define digital assets and Digital Asset Service Providers (DASPs/PSANs). They lay down the legal basis for the mandatory registration and optional licensing regime supervised by the AMF, including the specific services covered and the AML/CFT obligations.
    *   **URL:** `https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006072026/LEGISCTA000038507982/` (This links to the relevant section concerning DASPs in the Monetary and Financial Code).

*   **Source:** European Council - Press Release on MiCA (Markets in Crypto-Assets).
    *   **Excerpt Summary:** Official EU communications explain that MiCA aims to create a harmonized legal framework for crypto-assets across the EU to protect investors, preserve financial stability, and foster innovation while preventing misuse for illicit activities. It establishes rules for crypto-asset service providers (CASPs) and issuers, including authorization requirements, capital requirements, governance standards, and investor protection rules. As an EU regulation, it will be directly applicable in France, including Guadeloupe.
    *   **URL:** `https://www.consilium.europa.eu/en/press/press-releases/2023/05/16/markets-in-crypto-assets-council-adopts-regulation-mica/` (Official announcement of MiCA adoption).

**4. Conclusion:**

The regulatory environment in Guadeloupe, governed by French and EU law, permits retail cryptocurrency trading but mandates that service providers adhere to specific registration/licensing and AML/CFT requirements. Authorities actively regulate the space and warn consumers about the associated risks, directing them towards compliant platforms. The upcoming full implementation of MiCA will further standardize and strengthen this regulated approach.
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