Back to Analyses

Bahamas

Retail_Trading_Status

Allowed-Regulated Unknown
Edit
Analysis ID
#467
Version
Latest
Created
2025-06-26 13:09
Workflow Stage
Live

Executive Summary

The Bahamas permits retail trading of cryptocurrencies under a comprehensive regulatory framework established by the Digital Assets and Registered Exchanges Act (DARE Act), updated in 2023. The Securities Commission of The Bahamas regulates digital asset businesses, mandating registration, licensing, and compliance with KYC/AML/CFT requirements. This framework aims to balance innovation with investor protection and financial system integrity. The Central Bank of The Bahamas also plays a role, particularly concerning the Sand Dollar CBDC.

Key Pillars

The key regulatory pillars include the Securities Commission of The Bahamas as the primary regulator overseeing digital asset activities and enforcing compliance with the DARE Act. Core compliance requirements encompass Know Your Customer (KYC), Anti-Money Laundering (AML), and Countering the Financing of Terrorism (CFT) regulations for registered entities. Firms conducting digital asset businesses, including exchanges facilitating retail trading, must obtain registration and licensing from the Securities Commission.

Landmark Laws

  • Digital Assets and Registered Exchanges Act, 2020 (DARE Act): Enacted on December 14, 2020, this act provides a comprehensive regulatory framework for digital assets and registered exchanges in The Bahamas, requiring registration for any person or entity conducting digital asset business.
  • Digital Assets and Registered Exchanges Act, 2023 (DARE Act 2023): Came into force on April 20, 2023, modernizing and expanding the digital asset regulatory framework, building on the foundation of the 2020 DARE Act.

Considerations

The regulatory framework aims to ensure investor protection and maintain the integrity of the financial system while fostering innovation. The Central Bank of The Bahamas focuses on the Sand Dollar CBDC and its interaction with the broader financial system. The DARE Act includes specific rules for various digital asset activities, including issuance, sale, and trading of digital tokens, as well as the operation of digital asset exchanges, addressing investor protection measures, disclosure requirements, and capital requirements for service providers.

Notes

The report notes that a direct link to the full text of the 2023 DARE Act on the Securities Commission of The Bahamas website is elusive, recommending their main page or publications section as a starting point. The Central Bank of The Bahamas' publication, "The Evolution of Money in The Bahamas and The Sand Dollar," underscores the nation's engagement with digital financial instruments under a regulated environment. The report acknowledges that the regulatory landscape in the digital asset space can evolve, recommending continuous monitoring of official sources.

Detailed Explanation

The Bahamas has established a comprehensive regulatory framework for cryptocurrency activities, including retail trading, primarily through the Digital Assets and Registered Exchanges Act, 2020 (DARE Act), which was updated in 2023. This legislation positions the Bahamas as one of the pioneering jurisdictions in providing legal clarity for digital assets. Individual citizens and residents in the Bahamas are legally permitted to buy, sell, and hold cryptocurrencies, provided these activities are conducted in compliance with the DARE Act and other applicable regulations. The DARE Act mandates that firms conducting digital asset businesses, including exchanges facilitating retail trading, must be registered and licensed by the Securities Commission of The Bahamas. These entities are subject to robust Know Your Customer (KYC) and Anti-Money Laundering (AML) / Countering the Financing of Terrorism (CFT) requirements. The regulatory framework aims to foster innovation while ensuring investor protection and maintaining the integrity of the financial system. The Securities Commission of The Bahamas is the primary regulatory body overseeing the digital asset space. It issues licenses, supervises registered entities, and enforces compliance with the DARE Act. The Central Bank of The Bahamas also plays a role, particularly concerning the issuance of any central bank digital currency (CBDC), such as the Sand Dollar, and its interaction with the broader financial system. While the Sand Dollar itself is a CBDC and not a cryptocurrency in the typical sense (like Bitcoin or Ethereum), its development and regulation indicate the country's proactive approach to digital financial instruments. The DARE Act, and its subsequent amendments, provide specific rules for various digital asset activities, including issuance, sale, and trading of digital tokens, as well as the operation of digital asset exchanges. The legislation also addresses investor protection measures, disclosure requirements, and capital requirements for service providers. The Securities Commission of The Bahamas (SCB) stated that "The Digital Assets and Registered Exchanges Act, 2023 (“DARE Act 2023”) was passed in Parliament in December 2023 and came into force on 20 April 2023. The DARE Act 2023 modernizes and expands the digital asset regulatory framework in The Bahamas, building on the foundation of the Digital Assets and Registered Exchanges Act, 2020 (“DARE Act 2020”)." PricewaterhouseCoopers (PwC) noted that "The Digital Assets and Registered Exchanges Bill, 2020 (“DARE Bill” or “the Bill”) was passed by the Bahamian Parliament on 25 November 2020 and enacted on 14 December 2020. The DARE Bill provides a comprehensive regulatory framework for digital assets and registered exchanges in The Bahamas... The DARE Bill requires registration for any person or entity conducting digital asset business in or from The Bahamas. This includes, but is not limited to, digital asset exchanges, digital asset custodians, and digital asset service providers."

Summary Points

Retail Trading of Digital Assets in The Bahamas: Regulatory Overview

Status: Allowed-Regulated

I. Key Regulatory Bodies & Roles:

  • Securities Commission of The Bahamas (SCB):
    • Primary regulatory body overseeing the digital asset space.
    • Issues licenses to digital asset businesses, including exchanges.
    • Supervises registered entities.
    • Enforces compliance with the Digital Assets and Registered Exchanges Act (DARE Act).
  • Central Bank of The Bahamas:
    • Focuses on the Central Bank Digital Currency (CBDC), the Sand Dollar.
    • Plays a role in the interaction of the Sand Dollar with the broader financial system.
    • Contributes to the overall strategy for digital financial innovation.

II. Key Legislation & Regulations:

  • Digital Assets and Registered Exchanges Act (DARE Act):
    • DARE Act, 2020: The original legislation establishing a comprehensive regulatory framework for digital assets.
    • DARE Act, 2023: Modernizes and expands the 2020 Act.
    • Provides rules for issuance, sale, and trading of digital tokens.
    • Governs the operation of digital asset exchanges.
    • Addresses investor protection measures, disclosure requirements, and capital requirements for service providers.

III. Requirements for Compliance:

  • Registration and Licensing: Firms conducting digital asset businesses (including exchanges) must be registered and licensed by the SCB.
  • Know Your Customer (KYC): Robust KYC procedures are mandatory for registered entities.
  • Anti-Money Laundering (AML) / Countering the Financing of Terrorism (CFT): Strict AML/CFT compliance is required.

IV. Notable Restrictions or Limitations:

  • All retail trading activities must be conducted through registered and licensed platforms.
  • Compliance with the DARE Act and related regulations is mandatory.

V. Recent Developments or Changes:

  • DARE Act 2023: Updated and expanded the regulatory framework for digital assets, building upon the foundation of the DARE Act 2020.
  • Ongoing development and refinement of regulations by the SCB.
  • Continued focus on the integration of the Sand Dollar within the Bahamian financial system.

VI. Important Links:

Disclaimer: The regulatory landscape for digital assets is constantly evolving. Continuous monitoring of official sources is recommended for the most up-to-date information.

Full Analysis Report

Report: Retail_Trading_Status in Bahamas

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).


1. Identified Status

Allowed-Regulated

2. Detailed Narrative Explanation

The Bahamas has established a comprehensive regulatory framework for cryptocurrency activities, including retail trading, primarily through the Digital Assets and Registered Exchanges Act, 2020 (DARE Act), which was updated in 2023. This legislation positions the Bahamas as one of the pioneering jurisdictions in providing legal clarity for digital assets.

Individual citizens and residents in the Bahamas are legally permitted to buy, sell, and hold cryptocurrencies, provided these activities are conducted in compliance with the DARE Act and other applicable regulations. The DARE Act mandates that firms conducting digital asset businesses, including exchanges facilitating retail trading, must be registered and licensed by the Securities Commission of The Bahamas. These entities are subject to robust Know Your Customer (KYC) and Anti-Money Laundering (AML) / Countering the Financing of Terrorism (CFT) requirements.

The regulatory framework aims to foster innovation while ensuring investor protection and maintaining the integrity of the financial system. The Securities Commission of The Bahamas is the primary regulatory body overseeing the digital asset space. It issues licenses, supervises registered entities, and enforces compliance with the DARE Act.

The Central Bank of The Bahamas also plays a role, particularly concerning the issuance of any central bank digital currency (CBDC), such as the Sand Dollar, and its interaction with the broader financial system. While the Sand Dollar itself is a CBDC and not a cryptocurrency in the typical sense (like Bitcoin or Ethereum), its development and regulation indicate the country's proactive approach to digital financial instruments.

The DARE Act, and its subsequent amendments, provide specific rules for various digital asset activities, including issuance, sale, and trading of digital tokens, as well as the operation of digital asset exchanges. The legislation also addresses investor protection measures, disclosure requirements, and capital requirements for service providers. This comprehensive approach clearly places the Bahamas in the "Allowed-Regulated" category.

3. Specific, Relevant Text Excerpts

  • The Securities Commission of The Bahamas (SCB) on the DARE Act: "The Digital Assets and Registered Exchanges Act, 2023 (“DARE Act 2023”) was passed in Parliament in December 2023 and came into force on 20 April 2023. The DARE Act 2023 modernizes and expands the digital asset regulatory framework in The Bahamas, building on the foundation of the Digital Assets and Registered Exchanges Act, 2020 (“DARE Act 2020”)." This statement highlights the existence and ongoing development of a specific legal framework for digital assets.
  • PricewaterhouseCoopers (PwC) on the DARE Act: "The Digital Assets and Registered Exchanges Bill, 2020 (“DARE Bill” or “the Bill”) was passed by the Bahamian Parliament on 25 November 2020 and enacted on 14 December 2020. The DARE Bill provides a comprehensive regulatory framework for digital assets and registered exchanges in The Bahamas... The DARE Bill requires registration for any person or entity conducting digital asset business in or from The Bahamas. This includes, but is not limited to, digital asset exchanges, digital asset custodians, and digital asset service providers." This excerpt confirms the requirement for registration and the scope of the DARE Act.
  • Central Bank of The Bahamas on Digital Assets: While the Central Bank primarily focuses on the Sand Dollar, its publications and statements often touch upon the broader digital asset landscape and the regulatory environment established by the DARE Act. For instance, discussions around the Sand Dollar often occur in the context of the country's overall strategy for digital financial innovation, which is supported by the DARE framework. The Central Bank's "The Evolution of Money in The Bahamas and The Sand Dollar" publication states: "The Central Bank of The Bahamas is pleased to present this overview of the evolution of money in The Bahamas, culminating with the introduction of the Bahamian digital currency, Sand Dollar." While not directly about retail crypto trading, it underscores the nation's engagement with digital financial instruments under a regulated environment.

4. Direct, Accessible URL Links


This report reflects the status of retail cryptocurrency trading in the Bahamas based on the available information up to the knowledge cut-off date. The regulatory landscape, especially in the digital asset space, can evolve, so continuous monitoring of official sources is recommended.

Sources (Raw Data)

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

Reviews

No reviews yet

Submit Review

Challenge: Disagree with the analysis | Approval: Confirm it's correct | Refinement: Suggest improvements