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Fighting Money Laundering in French Guiana: What Does It Mean?

French Guiana, a French territory subject to French constitutional dispositions and thus part of the French Republic, is regulated by French law regarding digital currency regimes. In May 2019, France adopted regulations concerning Initial Coin Offerings (ICOs) and intermediaries providing services related to crypto assets under its Law No. 2019-486 known as PACTE.

The Purpose of Regulation

The goal of this regulation is to attract meritorious projects to the territory while integrating this ecosystem into the regulatory sphere. To achieve this, France has also imposed additional obligations on intermediaries to conform to the EU’s Fifth Anti-Money Laundering Directive (AML-Directive).

A Voluntary “Visa” for ICOs

ICOs issuers can request a “visa” from the French Financial Markets Regulator (AMF) in exchange for submitting an information document, providing clear, transparent, and non-misleading communications to the public, as well as compliance with anti-money laundering obligations. While not mandatory, this “visa” allows them to access a bank account and solicit investments.

Regulation of Intermediaries

Mandatory Registration

Electronic wallet providers and crypto-currency exchange services are subject to mandatory AML registration. They must also comply with a set of rules, including those related to money laundering.

Voluntary License

All intermediaries, including platforms and investment advisors, can request a voluntary license. As a result, they will be required to comply with AML obligations and other regulatory requirements depending on their activity.

Note

The Financial Action Task Force (FATF) revised its guidelines in October 2018, recommending the registration and licensing of all intermediaries in the crypto ecosystem to combat money laundering and terrorist financing.

French Regulation of Digital Currencies

The French regulation of digital currencies applied in French Guiana is both easy to understand and not excessive, as France aimed to be a pioneer in welcoming new technologies.

Note

Jurisdictions and authorities have yet to adopt laws regulating cryptocurrencies, which means that for most countries, the legality of crypto mining remains uncertain.