Guadeloupe
Retail_Trading_Status
- Analysis ID
- #672
- Version
- Latest
- Created
- 2025-12-12 04:20
- Run
- e895204c...
- History
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- Workflow Stage
- Step 1
Executive Summary
Cryptocurrency activities in Guadeloupe are legal and fully regulated under the French financial framework, as Guadeloupe is an overseas department (DROM) of France. The primary regulatory body is the Autorité des Marchés Financiers (AMF), which enforces the 'PSAN' (Digital Asset Service Provider) registration regime established by the PACTE Law of 2019. Retail trading is permitted, but service providers offering custody or fiat-to-crypto exchange must be registered with the AMF to operate legally. The Institut d'Émission des Départements d'Outre-Mer (IEDOM) acts as the local central bank authority, issuing risk warnings and directing residents to use only AMF-registered platforms.
Key Pillars
Autorité des Marchés Financiers (AMF) as primary conduct regulator
Autorité de Contrôle Prudentiel et de Résolution (ACPR) for prudential supervision
Mandatory PSAN registration for custody and fiat-to-crypto exchange services
Strict AML/CFT compliance under French and EU directives
Transition to EU Markets in Crypto-Assets (MiCA) regulation
Landmark Laws
PACTE Law (Action Plan for Business Growth and Transformation) (Law No. 2019-486) - Enacted: 2019-05-22
- Established the PSAN (Prestataires de Services sur Actifs Numériques) regime, creating a mandatory registration for custodians and fiat exchanges, and an optional license for other services.
- Source
DDADUE Law (Adaptation to EU Law) (Law No. 2023-171) - Enacted: 2023-03-09
- Strengthened the PSAN registration requirements (known as 'enhanced registration') to align closer with the incoming EU MiCA regulation.
- Source
Markets in Crypto-Assets (MiCA) Regulation (Regulation (EU) 2023/1114) - Enacted: 2023-05-31
- Comprehensive EU-wide framework replacing national regimes; fully applicable in France and its overseas territories by December 2024.
- Source
Considerations
Guadeloupe uses the Euro (EUR), facilitating easy access to European exchanges
Capital gains on crypto are subject to a flat tax (Prélèvement Forfaitaire Unique) of 30% in France
Crypto-to-crypto transactions are generally tax-exempt until converted to fiat
IEDOM actively warns against scams and advises checking the AMF 'white list' before investing
French tax residents must declare foreign crypto accounts (Form 3916-bis) to avoid penalties
Notes
Guadeloupe's status is identical to mainland France. The 'Gray-Zone' criteria do not apply because the licensing regime is fully active, licenses are issued (to French/EU entities operating there), and there is no bank ban. The IEDOM warning is a standard consumer protection advisory, not a prohibition.
Remaining Uncertainties
- Specific local enforcement statistics for Guadeloupe (e.g., number of local scams reported vs. mainland France)
- Adoption rates of crypto payments by local Guadeloupean merchants compared to mainland France
Detailed Explanation
Detailed Explanation
Cryptocurrency activities in Guadeloupe are legal and fully regulated, operating under the identical French financial regulatory framework as mainland France, as Guadeloupe is an overseas department (DROM) of France. The primary regulatory regime is the 'PSAN' (Digital Asset Service Provider) registration system established by the French PACTE Law (Law No. 2019-486) enacted on May 22, 2019. This law mandates that any service provider offering custody of digital assets or exchanging digital assets for fiat currency must be registered with the Autorité des Marchés Financiers (AMF) to operate legally. The Autorité de Contrôle Prudentiel et de Résolution (ACPR) provides prudential supervision, while the local Institut d'Émission des Départements d'Outre-Mer (IEDOM) acts as the central bank authority, issuing consumer risk warnings and directing residents to use only AMF-registered platforms. This framework was further strengthened by the DDADUE Law (Law No. 2023-171) enacted on March 9, 2023, which introduced an 'enhanced registration' requirement to align the national regime more closely with the incoming European Union regulation. The comprehensive EU-wide Markets in Crypto-Assets (MiCA) Regulation (Regulation (EU) 2023/1114), enacted on May 31, 2023, will fully replace the national PSAN regime in France and its overseas territories, including Guadeloupe, by December 2024. Retail trading of cryptocurrencies is permitted, and the use of the Euro (EUR) facilitates access to European exchanges. From a tax perspective, capital gains on crypto are subject to a flat tax (Prélèvement Forfaitaire Unique) of 30%, while crypto-to-crypto transactions are generally tax-exempt until conversion to fiat. French tax residents, including those in Guadeloupe, must also declare foreign crypto accounts using Form 3916-bis to avoid penalties. The IEDOM's active warnings against scams and its advice to consult the AMF's 'white list' are standard consumer protection measures and do not constitute a prohibition on cryptocurrency activities.
Summary Points
I. Regulatory Status
* Cryptocurrency activities are legal and fully regulated.
* Guadeloupe operates under the identical French financial framework as mainland France, as it is an overseas department (DROM).
* The status is Allowed-Regulated, with a mandatory licensing/registration regime in force.
II. Key Regulatory Bodies
* Autorité des Marchés Financiers (AMF): Primary conduct regulator; manages the mandatory PSAN registration regime.
* Autorité de Contrôle Prudentiel et de Résolution (ACPR): Responsible for prudential supervision of financial institutions.
* Institut d'Émission des Départements d'Outre-Mer (IEDOM): Acts as the local central bank authority; issues consumer risk warnings and directs residents to use AMF-registered platforms.
III. Important Legislation
* PACTE Law (Law No. 2019-486): Enacted May 22, 2019. Established the PSAN (Digital Asset Service Provider) regime, creating mandatory registration for custodians and fiat-to-crypto exchanges.
* DDADUE Law (Law No. 2023-171): Enacted March 9, 2023. Strengthened PSAN requirements with an 'enhanced registration' to align closer with the incoming EU MiCA regulation.
* Markets in Crypto-Assets (MiCA) Regulation (Regulation (EU) 2023/1114): Enacted May 31, 2023. Comprehensive EU-wide framework that will fully replace the national PSAN regime by December 2024.
IV. Compliance Requirements
* Service providers offering custody or fiat-to-crypto exchange must obtain mandatory PSAN registration from the AMF.
* Strict AML/CFT compliance under French and EU directives is required.
* Capital gains on cryptocurrency are subject to a flat tax (Prélèvement Forfaitaire Unique) of 30%.
* Crypto-to-crypto transactions are generally tax-exempt until converted to fiat.
* French tax residents must declare foreign crypto accounts using Form 3916-bis.
V. Notable Restrictions or Limitations
* There are no general bans on retail trading or bank account access for cryptocurrency activities.
* The primary restriction is the prohibition on operating as a custodian or fiat-to-crypto exchange without AMF PSAN registration.
VI. Recent Developments or Notes
* The regulatory framework is in a transition phase towards the full application of the EU's MiCA Regulation by December 2024.
* IEDOM actively warns residents against scams and advises checking the AMF's public 'white list' of registered providers before investing.
* Guadeloupe uses the Euro (EUR), facilitating easy access to European cryptocurrency exchanges.
* The 'Gray-Zone' classification does not apply because the licensing regime is fully active, licenses are issued, and there is no bank ban.
Full Analysis Report
Full Analysis Report
As an overseas region of France, Guadeloupe shares the exact same legal and regulatory framework for financial markets as mainland France. The regulatory status is 'Allowed-Regulated,' governed principally by the 'Loi PACTE' enacted in 2019. This law introduced the status of Digital Asset Service Provider (PSAN), requiring any entity providing digital asset custody or purchase/sale of digital assets for legal tender to register with the Autorité des Marchés Financiers (AMF). This registration ensures compliance with anti-money laundering (AML) and combating the financing of terrorism (CFT) standards.
The Institut d'Émission des Départements d'Outre-Mer (IEDOM), which serves as the central bank for the French Overseas Departments, plays a crucial role in local consumer protection. In January 2024, IEDOM issued specific guidance to Guadeloupean residents, explicitly warning against the high risks of crypto investments and scams. Crucially, IEDOM did not ban the activity but rather instructed investors to verify that any intermediary is listed on the AMF's official register of authorized providers (the 'white list'). This confirms that trading is legal provided it is conducted through compliant channels.
The regulatory landscape is currently in transition due to the European Union's Markets in Crypto-Assets (MiCA) regulation. France is adapting its local PSAN regime to the EU-wide CASP (Crypto-Asset Service Provider) standards. The 'DDADUE' law of March 2023 introduced an 'enhanced registration' tier for PSANs to bridge the gap before MiCA fully takes effect in late 2024. For residents of Guadeloupe, this means they benefit from one of the most robust consumer protection frameworks in the crypto world, with clear recourse mechanisms and strict oversight of service providers.
Taxation in Guadeloupe follows French national rules. Individuals are subject to a flat tax (PFU) of 30% on capital gains derived from the sale of digital assets for fiat currency. Gains are only taxable when converted to fiat or used to purchase goods/services; crypto-to-crypto trades remain tax-neutral. Furthermore, residents are obligated to declare any digital asset accounts held on foreign exchanges to the French tax administration, a requirement strictly enforced to combat tax evasion.
As an overseas region of France, Guadeloupe shares the exact same legal and regulatory framework for financial markets as mainland France. The regulatory status is 'Allowed-Regulated,' governed principally by the 'Loi PACTE' enacted in 2019. This law introduced the status of Digital Asset Service Provider (PSAN), requiring any entity providing digital asset custody or purchase/sale of digital assets for legal tender to register with the Autorité des Marchés Financiers (AMF). This registration ensures compliance with anti-money laundering (AML) and combating the financing of terrorism (CFT) standards. The Institut d'Émission des Départements d'Outre-Mer (IEDOM), which serves as the central bank for the French Overseas Departments, plays a crucial role in local consumer protection. In January 2024, IEDOM issued specific guidance to Guadeloupean residents, explicitly warning against the high risks of crypto investments and scams. Crucially, IEDOM did not ban the activity but rather instructed investors to verify that any intermediary is listed on the AMF's official register of authorized providers (the 'white list'). This confirms that trading is legal provided it is conducted through compliant channels. The regulatory landscape is currently in transition due to the European Union's Markets in Crypto-Assets (MiCA) regulation. France is adapting its local PSAN regime to the EU-wide CASP (Crypto-Asset Service Provider) standards. The 'DDADUE' law of March 2023 introduced an 'enhanced registration' tier for PSANs to bridge the gap before MiCA fully takes effect in late 2024. For residents of Guadeloupe, this means they benefit from one of the most robust consumer protection frameworks in the crypto world, with clear recourse mechanisms and strict oversight of service providers. Taxation in Guadeloupe follows French national rules. Individuals are subject to a flat tax (PFU) of 30% on capital gains derived from the sale of digital assets for fiat currency. Gains are only taxable when converted to fiat or used to purchase goods/services; crypto-to-crypto trades remain tax-neutral. Furthermore, residents are obligated to declare any digital asset accounts held on foreign exchanges to the French tax administration, a requirement strictly enforced to combat tax evasion.
Source Evidence
Primary and secondary sources cited in this analysis
"Il faut absolument s'assurer que l'intermédiaire proposant des produits ou services sur actifs numériques figure bien parmi la liste des prestataires habilités par l'Autorité des marchés financiers."
"A DASP must be registered with the AMF to provide digital asset custody services... or the service of buying or selling digital assets for legal tender."
"Les prestataires de services sur actifs numériques sont enregistrés par l'Autorité des marchés financiers."
"France: Legal (EU Framework), Part of the MiCA regulation."
"The French regime established under the PACTE Act will remain in force until 30 June 2026."
Web Sources (3)
Sources discovered via web search grounding
Search queries used (4)
- crypto trading legal status Guadeloupe
- IEDOM crypto assets Guadeloupe
- AMF France PSAN application outre-mer
- Guadeloupe cryptocurrency regulation French law application
https://www.adan.eu/en/publication/the-french-regulatory-framework-for-markets-in-crypto-assets/
https://rci.fm/guadeloupe/infos/Economie/Cryptomonnaies-lIEDOM-met-en-garde-les-investisseurs-ultra-marins
https://www.village-justice.com/articles/premier-psan-agree-par-amf-france-quels-nouveaux-avantages,46811.html