French Guiana
Retail_Trading_Status
- Analysis ID
- #662
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- Created
- 2025-12-12 04:18
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- 8eff754a...
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Executive Summary
Retail cryptocurrency trading is legal and regulated in French Guiana, which adheres strictly to the regulatory framework of metropolitan France as an Overseas Department. The primary regulatory body is the Autorité des Marchés Financiers (AMF), which requires digital asset service providers (DASPs) to register under the PACTE Law and comply with EU MiCA regulations. Residents are subject to a 30% flat tax on capital gains, and the Institut d'Émission des Départements d'Outre-Mer (IEDOM) actively advises investors to use only AMF-registered platforms.
Key Pillars
Autorité des Marchés Financiers (AMF) - Primary securities regulator responsible for DASP registration and licensing
Autorité de Contrôle Prudentiel et de Résolution (ACPR) - Banking supervisor enforcing AML/CFT compliance
Institut d'Émission des Départements d'Outre-Mer (IEDOM) - Central bank delegate acting as the local monetary authority and consumer protection watchdog
Mandatory DASP (PSAN) Registration - Custodians and fiat-crypto exchanges must register with the AMF
EU MiCA Compliance - Full adherence to the Markets in Crypto-Assets Regulation for stablecoins and CASPs
Landmark Laws
PACTE Law (Action Plan for Business Growth and Transformation) (Law No. 2019-486) - Enacted: 2019-05-22
- Established the legal framework for Digital Asset Service Providers (PSAN), creating a mandatory registration regime for custodians and fiat exchanges, and an optional license for other services.
- Source
Markets in Crypto-Assets Regulation (MiCA) (Regulation (EU) 2023/1114) - Enacted: 2023-05-31
- Comprehensive EU-wide framework regulating crypto-asset issuance and service provision, directly applicable in French Guiana as an EU Outermost Region.
- Source
Monetary and Financial Code (Code monétaire et financier) (Article L54-10-1 et seq.) - Enacted: 2019-05-22
- Codifies the definition of digital assets and the specific obligations for service providers operating in French territory.
- Source
Considerations
Capital gains are subject to a flat tax (Prélèvement Forfaitaire Unique) of 30% for occasional traders.
Crypto-to-crypto transactions are tax-exempt; taxation occurs only upon conversion to fiat or purchase of goods.
The Euro is the sole legal tender; crypto assets are legally defined as 'digital assets' rather than currency.
Residents must declare accounts held on foreign crypto exchanges using Form 3916-bis.
IEDOM frequently issues warnings against unregistered platforms and high-yield investment scams targeting overseas territories.
Notes
Because French Guiana is part of the Eurozone, there are no foreign exchange controls for crypto purchases made in Euros. Traders should be aware that while the legal framework is robust, the geographical distance from Paris does not exempt them from strict tax reporting obligations, which are increasingly enforced via data sharing between exchanges and tax authorities.
Remaining Uncertainties
- Specific local enforcement statistics for French Guiana (e.g., number of local scams prosecuted) are not separately reported from national French statistics.
- The exact timeline for the transition of all existing French PSANs to the EU MiCA CASP regime specifically for entities with headquarters in overseas territories (if any).
Detailed Explanation
Detailed Explanation
Retail cryptocurrency trading is legal and regulated in French Guiana. As an Overseas Department of France and an Outermost Region of the European Union, it operates under the full legal and regulatory framework of metropolitan France. The primary regulatory body is the Autorité des Marchés Financiers (AMF), which oversees the mandatory registration of Digital Asset Service Providers (DASPs, known as PSANs) under the PACTE Law (Law No. 2019-486) enacted on May 22, 2019. This law established the foundational legal regime, requiring custodians and fiat-to-crypto exchanges to register, while offering an optional license for other services. The regulatory landscape is further solidified by the directly applicable EU Markets in Crypto-Assets Regulation (MiCA) (Regulation (EU) 2023/1114), enacted on May 31, 2023, which provides a comprehensive EU-wide framework for crypto-asset issuance and service provision. The Autorité de Contrôle Prudentiel et de Résolution (ACPR) acts as the banking supervisor, enforcing anti-money laundering and counter-terrorist financing compliance for these service providers. Locally, the Institut d’Émission des Départements d’Outre-Mer (IEDOM) serves as the central bank delegate and monetary authority, actively advising investors to use only AMF-registered platforms and issuing warnings against scams. The legal definitions and specific obligations for service providers are codified in the Monetary and Financial Code (Article L54-10-1 et seq.). For individual traders, capital gains from cryptocurrency are subject to a flat tax of 30% (Prélèvement Forfaitaire Unique), though crypto-to-crypto transactions remain tax-exempt until conversion to fiat currency or used for goods and services. Residents are also required to declare any accounts held on foreign cryptocurrency exchanges using Form 3916-bis. The Euro is the sole legal tender, with crypto assets legally defined as 'digital assets' rather than currency. There are no foreign exchange controls for crypto purchases made in Euros, but the IEDOM emphasizes strict adherence to tax reporting obligations, which are enforced through data sharing between exchanges and tax authorities, despite the territory's geographical distance from Paris.
Summary Points
French Guiana Cryptocurrency Regulatory Analysis
I. Regulatory Status
* Retail cryptocurrency trading is Allowed-Regulated.
* The territory operates under the full legal and regulatory framework of metropolitan France as an Overseas Department and EU Outermost Region.
* The Euro is the sole legal tender; crypto assets are legally defined as 'digital assets' rather than currency.
II. Key Regulatory Bodies
* Autorité des Marchés Financiers (AMF): The primary securities regulator responsible for DASP (PSAN) registration and licensing.
* Autorité de Contrôle Prudentiel et de Résolution (ACPR): The banking supervisor enforcing AML/CFT compliance for service providers.
* Institut d’Émission des Départements d’Outre-Mer (IEDOM): The central bank delegate acting as the local monetary authority and consumer protection watchdog; it actively advises using only AMF-registered platforms.
III. Important Legislation
* PACTE Law (Law No. 2019-486): Enacted on May 22, 2019. Established the legal framework for Digital Asset Service Providers (PSAN), creating a mandatory registration regime for custodians and fiat exchanges, and an optional license for other services.
* Markets in Crypto-Assets Regulation (MiCA) (Regulation (EU) 2023/1114): Enacted on May 31, 2023. A comprehensive EU-wide framework regulating crypto-asset issuance and service provision, directly applicable in French Guiana.
* Monetary and Financial Code (Article L54-10-1 et seq.): Codifies the definition of digital assets and the specific obligations for service providers operating in French territory.
IV. Compliance Requirements
* Mandatory DASP (PSAN) Registration: Custodians and fiat-to-crypto exchanges must register with the AMF.
* EU MiCA Compliance: Full adherence is required for stablecoins and Crypto-Asset Service Providers (CASPs).
* Taxation: Capital gains are subject to a flat tax (Prélèvement Forfaitaire Unique) of 30% for occasional traders. Crypto-to-crypto transactions are tax-exempt; taxation occurs only upon conversion to fiat or purchase of goods.
* Foreign Account Declaration: Residents must declare accounts held on foreign crypto exchanges using Form 3916-bis.
V. Notable Restrictions or Limitations
* The IEDOM frequently issues warnings against unregistered platforms and high-yield investment scams targeting overseas territories.
* While the framework is robust, geographical distance from Paris does not exempt traders from strict tax reporting obligations, which are increasingly enforced via data sharing between exchanges and tax authorities.
VI. Recent Developments or Notes
* Because French Guiana is part of the Eurozone, there are no foreign exchange controls for crypto purchases made in Euros.
Full Analysis Report
Full Analysis Report
French Guiana, as an Overseas Department (DROM) of France, is fully integrated into the French legal and political system. Consequently, its regulatory status for cryptocurrency is identical to that of metropolitan France. The sector is governed by the 'Loi PACTE' (Law No. 2019-486), which introduced the status of Digital Asset Service Provider (Prestataire de Services sur Actifs Numériques or PSAN). Under this regime, any entity providing digital asset custody or fiat-to-crypto exchange services to residents must be registered with the Autorité des Marchés Financiers (AMF). This registration ensures compliance with strict Anti-Money Laundering (AML) and Counter-Terrorism Financing (CFT) standards supervised by the ACPR.
The regulatory landscape is further reinforced by the European Union's Markets in Crypto-Assets (MiCA) regulation. As an Outermost Region (RUP) of the EU, French Guiana applies EU regulations directly. MiCA replaces and expands upon the earlier French frameworks, introducing passporting rights for Crypto-Asset Service Providers (CASPs) licensed in other EU member states, while maintaining rigorous consumer protection and prudential requirements. This ensures that residents have access to a regulated market with clear recourse mechanisms.
Locally, the Institut d'Émission des Départements d'Outre-Mer (IEDOM) acts as the central bank delegate. While it does not issue separate regulations, IEDOM plays a crucial role in consumer protection by monitoring the local market and issuing warnings about volatility and scams. IEDOM explicitly clarifies that while crypto assets are legal investment vehicles, they do not have legal tender status, which is reserved exclusively for the Euro.
Taxation is a critical consideration for retail traders in French Guiana. Gains from cryptocurrency trading are subject to the Single Flat Tax (Prélèvement Forfaitaire Unique - PFU) of 30% (12.8% income tax + 17.2% social contributions) if the activity is deemed 'occasional.' Professional traders face a progressive income tax schedule which can be significantly higher. Importantly, taxpayers are obliged to declare all digital asset accounts opened, held, used, or closed abroad during the tax year, ensuring full transparency with the French tax administration.
French Guiana, as an Overseas Department (DROM) of France, is fully integrated into the French legal and political system. Consequently, its regulatory status for cryptocurrency is identical to that of metropolitan France. The sector is governed by the 'Loi PACTE' (Law No. 2019-486), which introduced the status of Digital Asset Service Provider (Prestataire de Services sur Actifs Numériques or PSAN). Under this regime, any entity providing digital asset custody or fiat-to-crypto exchange services to residents must be registered with the Autorité des Marchés Financiers (AMF). This registration ensures compliance with strict Anti-Money Laundering (AML) and Counter-Terrorism Financing (CFT) standards supervised by the ACPR. The regulatory landscape is further reinforced by the European Union's Markets in Crypto-Assets (MiCA) regulation. As an Outermost Region (RUP) of the EU, French Guiana applies EU regulations directly. MiCA replaces and expands upon the earlier French frameworks, introducing passporting rights for Crypto-Asset Service Providers (CASPs) licensed in other EU member states, while maintaining rigorous consumer protection and prudential requirements. This ensures that residents have access to a regulated market with clear recourse mechanisms. Locally, the Institut d'Émission des Départements d'Outre-Mer (IEDOM) acts as the central bank delegate. While it does not issue separate regulations, IEDOM plays a crucial role in consumer protection by monitoring the local market and issuing warnings about volatility and scams. IEDOM explicitly clarifies that while crypto assets are legal investment vehicles, they do not have legal tender status, which is reserved exclusively for the Euro. Taxation is a critical consideration for retail traders in French Guiana. Gains from cryptocurrency trading are subject to the Single Flat Tax (Prélèvement Forfaitaire Unique - PFU) of 30% (12.8% income tax + 17.2% social contributions) if the activity is deemed 'occasional.' Professional traders face a progressive income tax schedule which can be significantly higher. Importantly, taxpayers are obliged to declare all digital asset accounts opened, held, used, or closed abroad during the tax year, ensuring full transparency with the French tax administration.
Source Evidence
Primary and secondary sources cited in this analysis
"Si vous êtes détenteur de crypto-actifs ou si vous envisagez d'en acquérir, l'Institut d'émission des départements d'Outre-Mer (IEDOM) vous invite à la plus grande vigilance... Assurez-vous que l'intermédiaire... est autorisé à le faire."
"Registration is mandatory for two types of services: the custody of digital assets... and the purchase or sale of digital assets in legal tender."
"Les prestataires de services sur actifs numériques comprennent les prestataires de services de conservation... et les prestataires de services d'échange de crypto-actifs contre monnaie ayant cours légal."
"French Guiana is a French territory... Therefore, its current cryptocurrency regime is regulated under French legislation."
"Occasional gains are taxed according to a specific capital gains tax regime... a flat rate of 30% applies."
Web Sources (2)
Sources discovered via web search grounding
Search queries used (5)
- cryptocurrency regulation French Guiana
- AMF France crypto regulation overseas departments
- legal status of bitcoin in French Guiana
- IEDOM crypto assets French Guiana
- taxation of crypto assets French Guiana
https://cms.law/en/int/expert-guides/cms-expert-guide-on-taxation-of-crypto-assets/france
https://www.trmlabs.com/