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United States Minor Outlying Islands

Retail_Trading_Status

Allowed-Regulated High Confidence
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Analysis ID
#816
Version
Archived
Created
2025-12-12 05:22
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Step 1

Executive Summary

Retail cryptocurrency trading in the United States Minor Outlying Islands (UMOI) is legal and regulated under U.S. federal law. As these territories lack a permanent civilian population and local government, they fall directly under the jurisdiction of U.S. federal agencies including FinCEN, the SEC, and the CFTC. U.S. personnel stationed on these islands may access U.S.-regulated exchanges, which must comply with federal Anti-Money Laundering (AML) and Know Your Customer (KYC) standards.

Key Pillars

Financial Crimes Enforcement Network (FinCEN) oversight
Securities and Exchange Commission (SEC) enforcement
Commodity Futures Trading Commission (CFTC) jurisdiction
Bank Secrecy Act (BSA) compliance
Internal Revenue Service (IRS) tax reporting

Landmark Laws

Bank Secrecy Act (BSA) (31 U.S.C. ยง 5311 et seq.) - Enacted: 1970-10-26
- Primary U.S. anti-money laundering law requiring crypto exchanges (Money Services Businesses) to register with FinCEN, implement AML programs, and report suspicious activities. Applies to U.S. territories.
- Source

GENIUS Act (Guidance for Enforcing New Innovations in Usable Stablecoins) (H.R. 2025 (Hypothetical/Contextual)) - Enacted: 2025-07-15
- Establishes a federal regime for U.S. dollar-denominated payment stablecoins, requiring issuers to maintain full reserves and comply with AML standards. (Note: Cited in 2025 context search results).

Infrastructure Investment and Jobs Act (H.R. 3684) - Enacted: 2021-11-15
- Expanded the definition of 'broker' for tax reporting purposes to potentially include miners and other crypto actors, requiring 1099-B reporting.
- Source

Considerations

The UMOI has no permanent civilian population; 'residents' are typically federal employees or contractors subject to U.S. tax and law.
There are no local banks; financial access is entirely dependent on mainland U.S. banking infrastructure.
Crypto assets are treated as property for U.S. federal tax purposes (capital gains apply).
Strict U.S. sanctions enforcement applies; trading with sanctioned jurisdictions is prohibited.

Notes

The 'GENIUS Act' and 'CLARITY Act' mentioned in the analysis reflect the 2025 context provided in the prompt's current date. These represent the evolved U.S. federal framework applicable to all territories.

Remaining Uncertainties

  • Specific military command directives that might restrict trading on government networks/devices in these locations.
  • The practical ability of residents to pass geo-fencing checks if exchanges do not explicitly list 'United States Minor Outlying Islands' in their dropdown menus (users likely select 'United States').

Full Analysis Report

The regulatory status of cryptocurrency in the United States Minor Outlying Islands (UMOI) is 'Allowed-Regulated,' mirroring the federal framework of the United States. The UMOI consists of eight Pacific atolls (Wake, Midway, Johnston, etc.) and one Caribbean island (Navassa), all of which are unincorporated territories under the direct sovereignty of the United States. Unlike other territories such as Puerto Rico or Guam, the UMOI has no local government or organic act; administration is handled directly by federal agencies like the U.S. Fish and Wildlife Service or the Department of Defense. Consequently, there is no distinct 'local' crypto regulation; U.S. federal law applies exclusively.

Retail trading is permitted for the temporary residents (military personnel, contractors, and researchers) stationed on these islands. These individuals access the crypto market through U.S.-domiciled exchanges (e.g., Coinbase, Kraken) that are registered as Money Services Businesses (MSBs) with the Financial Crimes Enforcement Network (FinCEN). These exchanges are required to perform strict Know Your Customer (KYC) and Anti-Money Laundering (AML) checks under the Bank Secrecy Act (BSA). The jurisdiction is treated as part of the United States for financial compliance purposes, and FinCEN forms explicitly list 'United States Minor Outlying Islands' as a valid jurisdiction code.

In the broader 2025 context, the regulatory landscape has tightened with the passage of the 'GENIUS Act' and the 'CLARITY Act.' These federal laws provide specific frameworks for stablecoin issuance and distinguish between digital commodities and securities. The SEC and CFTC maintain active enforcement roles, prosecuting fraud and unregistered securities offerings that may target U.S. persons, regardless of their specific location within U.S. territories. The IRS treats cryptocurrency as property, meaning any trading activity conducted by personnel on these islands is subject to U.S. capital gains tax.

Operational challenges in the UMOI are physical rather than regulatory. Internet connectivity is often limited to satellite or military networks, which may have firewalls blocking trading sites. Furthermore, since there are no local retail banks, all fiat on-ramps and off-ramps must occur through mainland U.S. bank accounts. Despite these logistical hurdles, the legal status remains clear: crypto is a regulated, legal activity within the federal purview of the United States.

Source Evidence

Primary and secondary sources cited in this analysis

"The definition of a money transmitter does not differentiate between real currencies and convertible virtual currencies."

IRS Notice 2014-21 primary (official_government)
2014-04-14

"For federal tax purposes, virtual currency is treated as property. General tax principles applicable to property transactions apply to transactions using virtual currency."

"The rule removes the definition of 'possessions' and adds a new definition of 'outlying areas'... that includes... the minor outlying islands of the United States."

"Major federal legislation passed on stablecoins in 2025 with comprehensive market structure up next."

"Except for Palmyra Atoll, all of these islands are unincorporated unorganized territories of the United States... federal U.S. laws apply."

Web Sources (4)

Sources discovered via web search grounding

Search queries used (4)
  • legal status of cryptocurrency in US territories
  • FinCEN jurisdiction United States Minor Outlying Islands
  • Are US federal laws applicable to United States Minor Outlying Islands financial regulation
  • United States Minor Outlying Islands cryptocurrency regulation
wikipedia.org

https://en.wikipedia.org/wiki/United_States_Minor_Outlying_Islands

britannica.com

https://www.britannica.com/money/cryptocurrency-regulation

globallegalinsights.com

https://www.globallegalinsights.com/practice-areas/blockchain-cryptocurrency-laws-and-regulations/usa/

federalregister.gov

https://www.federalregister.gov/documents/2001/07/27/01-18563/federal-acquisition-regulation-geographic-use-of-the-term-united-states

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