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As long as ICO is not a 'security' then you can sell it to Americans.
by afeezaziz 9y ago
As long as ICO is not a 'security' then you can sell it to Americans.
- bhaak 9y agoProblem is that's not up to you to decide but up to the SEC and most ICOs look like securities to me but IANAL.
- csomar 9y agoI'm not certain (and not a lawyer either) but I think if you sell to an American you are bound to US laws.
- lossolo 9y agoNo, US law only work in USA. If you buy any virtual item/service from me in EU via internet, I don't care about US law, I only care about EU law and international treaties.
- csomar 9y agoI'm not sure why I was downvoted but I clearly stated that "I'm not certain". The reason I had this idea is: If you are in finance and accepting US customers you'll need to oblige to US laws. It'd be better if an experienced person clear this more.
- lossolo 9y agoIf you are unsure it's always better to ask a question instead of stating something, probably people will not downvote you then. European commission directive from around 2013 states that place of sale is in the origin country of the seller which means it's bound to origin country law which means it's bound to EU law.
- detaro 9y agoAssuming you don't intend on doing business in the US in some other capacity. Which is why banks get fussy with US citizens: They at the very least want access to USD, and often directly operate in the US, so they can't just ignore US reporting requirements.