American Samoa

## Report on Retail Cryptocurrency Trading Status in American Samoa

**Date:** 2025-06-26

**Topic:** Retail_Trading_Status

**Description:** Assess whether individual citizens and residents in American Samoa 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: Unclear

**1. Identified Current Status:** Unclear

**2. Detailed Narrative Explanation:**

American Samoa, as an unincorporated territory of the United States, operates under a unique legal framework. While U.S. federal law generally applies, the territory also has its own local government and legal system. There is a lack of specific, publicly available information regarding laws, regulations, or official statements from American Samoan governmental or regulatory bodies that directly address the legality and regulatory framework for retail cryptocurrency trading (buying, selling, and holding) by its citizens and residents.

U.S. federal agencies such as the Financial Crimes Enforcement Network (FinCEN), the Securities and Exchange Commission (SEC), and the Commodity Futures Trading Commission (CFTC) have established regulations and guidance concerning cryptocurrencies at the federal level. These generally pertain to areas like anti-money laundering (AML), counter-terrorist financing (CFT), securities offerings, and commodities trading. For instance, cryptocurrency exchanges operating in the U.S. are typically required to register as Money Services Businesses (MSBs) with FinCEN and adhere to AML/KYC obligations. The Internal Revenue Service (IRS) also treats virtual currencies as property for federal tax purposes.

However, the direct applicability and enforcement of these comprehensive U.S. federal regulations *within* American Samoa, and whether the territory has promulgated any of its own specific rules, licenses, or prohibitions for cryptocurrency activities by individuals, is not clearly documented in readily accessible public sources. The Office of Financial Institutions (OFI) in American Samoa, which is responsible for regulating financial institutions in the territory, does not provide specific public guidance or regulations related to cryptocurrency trading by individuals on its official website or in other public issuances.

The absence of specific local legislation or clear guidance from American Samoan authorities creates ambiguity. While residents of American Samoa might be able to access online cryptocurrency trading platforms that operate under U.S. federal regulations (or other international regulations), the specific legal standing and protections or restrictions *within American Samoa itself* remain undefined. It is not clear whether local authorities have issued any specific warnings to the public regarding cryptocurrency trading, or what, if any, local licensing or registration requirements would apply to entities facilitating such trades within the territory.

Therefore, without explicit local laws or regulatory statements from American Samoan authorities addressing retail cryptocurrency trading, its precise legal and regulatory status within the territory is best described as "Unclear." It is unknown if it's actively permitted, implicitly allowed due to lack of prohibition, or if there are non-public policies or interpretations by local regulators.

**3. Specific, Relevant Text Excerpts:**

*   **Source:** American Samoa Government - Office of Financial Institutions (OFI)
    *   **Excerpt/Summary:** A review of the publicly accessible sections of the American Samoa Government's website, including the pages related to the Department of Treasury and the Office of Financial Institutions, does not yield any specific documents, press releases, or regulatory frameworks concerning cryptocurrency or virtual currency trading by individuals. The OFI's mandate typically covers traditional financial institutions.
    *   **Note:** This is an observation based on the absence of information from a primary source, which is indicative of the "Unclear" status.

*   **Source:** U.S. Federal Regulations (General Applicability) - e.g., FinCEN
    *   **Excerpt/Summary (General U.S. Context):** "A money transmitter is a person that provides money transmission services, or any other person engaged in the transfer of funds. The term “money transmission services” means the acceptance of currency, funds, or other value that substitutes for currency from one person and the transmission of currency, funds, or other value that substitutes for currency to another location or person by any means. ... An administrator or exchanger of virtual currency is a money transmitter under FinCEN regulations..." (Based on general FinCEN guidance on virtual currencies).
    *   **Note:** While this is a U.S. federal regulation, its specific adoption, interpretation, and enforcement framework *within* American Samoa for local retail activity is not publicly detailed by American Samoan authorities. The extent to which American Samoan residents are subject to or protected by these when using offshore platforms, or if local intermediaries were to emerge, is not explicitly defined by local sources.

**4. Direct, Accessible URL Links:**

*   **American Samoa Government - Department of Treasury (which oversees the Office of Financial Institutions):** [https://www.americansamoa.gov/department-of-treasury](https://www.americansamoa.gov/department-of-treasury)
    *   *Note: Specific documents on cryptocurrency regulation are not found on this site or its sub-pages related to financial regulation based on current public information.*
*   **American Samoa Bar Association - American Samoa Code Annotated (ASCA):** [https://asbar.org/american-samoa-code-annotated-asca](https://asbar.org/american-samoa-code-annotated-asca)
    *   *Note: A review of the ASCA online resources does not readily show specific statutes concerning "cryptocurrency," "virtual currency," or "digital assets" in a retail trading context. However, a comprehensive legal search by a qualified professional within the full, updated ASCA would be needed for definitive confirmation.*
*   **FinCEN Guidance on Virtual Currencies (U.S. Federal Level):** [https://www.fincen.gov/resources/statutes-regulations/guidance/application-fincens-regulations-persons-administering](https://www.fincen.gov/resources/statutes-regulations/guidance/application-fincens-regulations-persons-administering)
    *   *Note: This link provides context on U.S. federal regulations that may apply, but specific adoption or local nuances in American Samoa are not detailed.*

---
**Disclaimer:** This report is based on publicly available information as of the date indicated. The legal and regulatory landscape can change, and a comprehensive legal opinion from a qualified professional licensed in American Samoa would be necessary for definitive guidance.