French Guiana

## Report: Retail Cryptocurrency Trading Status in French Guiana

**Report Date:** April 12, 2025

**Topic:** Retail_Trading_Status

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

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

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**2. Narrative Explanation:**

French Guiana, as an overseas department and region of France, is fully integrated into the French Republic. Consequently, its financial regulations, including those pertaining to cryptocurrencies (referred to as "digital assets" or "crypto-actifs" in French law), are governed by French national law and applicable European Union (EU) directives and regulations. There is no separate cryptocurrency regulatory framework specific to French Guiana.

Individual citizens and residents in French Guiana are legally permitted to buy, sell, and hold cryptocurrencies. Cryptocurrencies themselves are not considered legal tender in France (the Euro is the sole legal tender), but owning and transacting with them is allowed.

The regulatory aspect primarily concerns the service providers facilitating these transactions. France established a pioneering regulatory framework for the crypto sector through the PACTE Law (Plan d'Action pour la Croissance et la Transformation des Entreprises), enacted in May 2019. This law created the status of Digital Asset Service Providers (DASPs, or *Prestataires de Services sur Actifs Numériques* - PSAN in French).

Key aspects of the French regulatory environment impacting retail trading include:

*   **Mandatory DASP Registration:** Entities providing certain crypto services in France (including French Guiana) must register with the *Autorité des Marchés Financiers* (AMF), the French financial markets authority. This mandatory registration applies to services such as:
    *   Custody of digital assets for third parties.
    *   Buying/selling digital assets against legal tender (fiat currency).
    *   Exchanging digital assets for other digital assets.
    *   Operating a digital asset trading platform.
*   **AML/CFT Compliance:** Registered DASPs are required to comply with stringent Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) regulations. This involves implementing Know Your Customer (KYC) procedures for individuals using their platforms. The *Autorité de Contrôle Prudentiel et de Résolution* (ACPR), which oversees banks and insurance companies, provides clearance on AML/CFT compliance during the AMF registration process for certain DASP services.
*   **Optional DASP Licensing:** Beyond mandatory registration, DASPs can apply for an optional license from the AMF, which involves meeting higher standards regarding organization, financial resources, and business conduct. This licensing regime was designed to align with the upcoming EU-wide MiCA regulation.
*   **Investor Protection and Warnings:** The AMF and ACPR regularly issue warnings to the public about the risks associated with investing in crypto-assets, emphasizing their volatility and the potential for scams, particularly involving unregistered platforms.
*   **Taxation:** Capital gains realized by individuals from the sale of digital assets are subject to taxation in France.
*   **Upcoming MiCA Regulation:** The EU's Markets in Crypto-Assets (MiCA) regulation is set to create a harmonized framework across the EU, replacing national regimes like the DASP framework under the PACTE Law. MiCA came into effect for crypto-asset services on December 30, 2024, although a transition period exists for existing French DASPs until June 30, 2026. New providers entering the market must comply with MiCA and obtain authorization as Crypto-Asset Service Providers (CASPs) from the AMF. This EU-wide regulation further solidifies the regulated status of the market.

In summary, while individuals in French Guiana can freely engage with cryptocurrencies, the platforms and intermediaries they use (if operating within French jurisdiction) are subject to a defined regulatory framework overseen by the AMF and ACPR, focusing on AML/CFT compliance and investor protection. This framework is evolving towards full implementation of the EU MiCA regulation.

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**3. Supporting Excerpts:**

*   **On French Guiana's Status:** "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." (Source: Freeman Law)
*   **On Legality for Individuals:** "France does not yet accept cryptocurrencies as legal tender but allows one to use them for transactions and the property of digital assets is legal." (Source: Coinfomania, April 11, 2025)
*   **On the PACTE Law Framework:** "Promulgated on 22 May 2019, French legislation for markets in digital assets (the “PACTE law”) establishes an innovative regulatory framework for some crypto-assets industry actors and their supervision by French financial regulators, the Financial Markets Authority (Autorité des marchés financiers – AMF) and Prudential Supervision and Resolution Authority (Autorité de contrôle prudentiel et de résolution – ACPR). In the scope are token issuers [...] and digital assets service providers (DASP), so-called Prestataire de service sur actifs numériques or PSAN in French" (Source: Adan)
*   **On Mandatory DASP Registration:** "DASPs must be registered with the AMF to provide crypto-asset custody services [...], the service of buying/selling crypto-assets in a currency that is legal tender, the service of exchanging digital assets for other digital assets, and the service of operating a trading platform for digital assets." (Source: AMF - Autorité des marchés financiers)
*   **On AML/CFT Requirements:** "In France, the registration and regulation of PSANs is overseen by the Autorité des marchés financiers (AMF) and the Autorité de contrôle prudentiel et de résolution (ACPR). The aim of this supervision is to ensure that service providers comply with anti-money laundering and anti-terrorist financing standards." (Source: Banque Delubac & Cie)
*   **On MiCA Implementation:** "Regulation (EU) 2023/1114 of 31 May 2023, known as the MiCA Regulation, which establishes the legal framework for crypto-asset services [...], will come into effect on December 30, 2024. [...] Consequently, from 30 December 2024, the new CASP status will replace all existing national regimes of the EU Member States, including the French DASP regime which will disappear entirely by 30 June 2026 (for existing DASPs, this regime will entirely disappear after the transitional period)." (Source: Deloitte Société d'Avocats, August 27, 2024)
*   **On MiCA Replacing PACTE for New Entrants:** "MiCA will replace the existing PACTE regime in France for market participants wishing to launch their business on or after 30 December 2024." (Source: AMF - Autorité des marchés financiers, August 2, 2024)

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**4. Source URLs:**

*   **Freeman Law (French Guiana Status):** `https://freemanlaw.com/french-guiana-cryptocurrency-laws/` [14]
*   **Coinfomania (Legality & Overview - Note: Date is recent):** `https://coinfomania.com/cryptocurrency-regulations-in-france/` [6]
*   **Adan (PACTE Law Overview):** `https://www.adan.eu/en/crypto-assets-regulation-france` [3]
*   **AMF (DASP Registration/Licensing):** `https://www.amf-france.org/en/professionals/fintech/my-fintech-project-amf/obtaining-dasp-registrationoptional-licensing` [10]
*   **Banque Delubac & Cie (PSAN Definition & AML):** `https://www.delubac.com/en/faq-crypto/what-does-psan-stand-for/` [7]
*   **Deloitte Société d'Avocats (MiCA Implementation):** `https://deloitte-societedavocats.com/fr/actualites/details/mica-regulation-licensing-applications-as-crypto-asset-service-providers-are-now-open-with-the-amf` [20]
*   **AMF (MiCA Application Start):** `https://www.amf-france.org/en/news-publications/news/mica-regulation-amf-now-accepting-applications-authorisation-casp` [21]
*   **Economie.gouv.fr (French Gov Overview & MiCA):** `https://www.economie.gouv.fr/particuliers/cryptoactifs-cryptomonnaies-comment-sy-retrouver` [8]
*   **AMF (PACTE Law Details):** `https://www.amf-france.org/fr/actualites-publications/actualites/prestataires-de-services-sur-actifs-numeriques-le-dispositif-pacte-en-detail` [13]

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**Disclaimer:** This report is based on publicly available information up to April 12, 2025. Financial regulations are subject to change.