United States Compliance
Introduction
ChainGuard operates within the United States as a security + identity layer that provides non-custodial Web3 security infrastructure. This page explains how ChainGuard complies with US regulatory requirements.
What ChainGuard Is NOT
ChainGuard does NOT:
- Custody funds
- Store private keys
- Transmit virtual assets
- Execute transactions
- Mediate payments
- Act as an exchange
- Act as a broker
- Fall under custodial wallet rules
- Qualify as a money transmitter
- Process fiat payments
- Take control of user funds
This protects ChainGuard from being misclassified under US regulatory regimes.
Applicable Regulations
| Regulation | Applies? | Explanation | Details |
|---|---|---|---|
| FinCEN BSA | ⚠ Partial | May not require MSB registration | We do NOT transmit value, custody funds, or act as a money transmitter (see "What ChainGuard Is NOT" above). Our non-custodial architecture typically exempts us from MSB registration. However, we implement AML-compatible controls including customer identification, transaction monitoring, and record-keeping. See VAT & AML. |
| State MTL | ❌ No | Does NOT apply - not a money transmitter | We do NOT transmit money, custody funds, or act as an intermediary for value transfer (see "What ChainGuard Is NOT" above). State money transmitter licensing requirements do not apply to our non-custodial infrastructure services. |
| SEC Securities | ❌ No | Does NOT apply - not offering securities | We do NOT offer investment contracts, securities, or investment products (see "What ChainGuard Is NOT" above). Our services are technology infrastructure for identity and security, not investment products or securities offerings. |
| CFTC Commodities | ❌ No | Does NOT apply - not trading commodities | We do NOT trade, deal, or act as an intermediary in commodities (see "What ChainGuard Is NOT" above). Our services are non-custodial infrastructure, not commodity trading activities. |
| OFAC Sanctions | ✔ | Full compliance required | We implement OFAC sanctions screening for all users, wallet addresses, and transactions. Sanctions compliance is mandatory regardless of custodial status. See Sanctions & Restrictions. |
| CCPA/CPRA | ✔ | Privacy rights and data minimization | We implement privacy by design, data minimization, and user rights (access, deletion, portability). See Data Protection & Privacy. |
Regulatory Position
ChainGuard's non-custodial architecture means:
- No Money Transmitter License Required: We do not transmit value or act as an intermediary
- No Securities Registration: Our services are infrastructure, not investment products
- Sanctions Compliance: We implement OFAC screening for all users
- State-by-State Analysis: Each state's money transmitter laws evaluated individually
Compliance Framework
FinCEN Compliance
- User identification and verification (KYC)
- Suspicious activity reporting (if applicable)
- Record-keeping requirements
- Sanctions screening
State Regulations
ChainGuard operates as a non-custodial service provider, which typically exempts us from state money transmitter licensing requirements. However, we monitor state regulatory developments and adjust our compliance posture as needed.
Federal Securities Laws
Our services do not constitute:
- Investment contracts
- Securities offerings
- Broker-dealer activities
- Investment advisor services
Data Protection
While the US does not have a comprehensive federal privacy law like GDPR, ChainGuard implements:
- Privacy by design principles
- Data minimization
- User consent mechanisms
- Secure data handling practices
Ongoing Compliance
We continuously monitor:
- Federal regulatory guidance (FinCEN, SEC, CFTC)
- State legislative developments
- Court decisions affecting crypto regulation
- Industry best practices
Contact
For questions about ChainGuard's US compliance posture, please contact our compliance team.
