The GAFILAT Mandate: Inside Costa Rica’s File No. 25.340 and the SUGEF Crypto Registration Epoch

The Legislative Assembly of Costa Rica has officially passed a landmark bill in its second and final reading, fundamentally altering the operating environment for cryptocurrency businesses within its borders. Driven by intense international compliance pressures, the reform brings Virtual Asset Service Providers (VASPs) under the direct oversight of the General Superintendency of Financial Institutions (SUGEF), mandating strict Anti-Money Laundering (AML) protocols and threatening to sever domestic banking access for any non-compliant entities.

By Ana Gonzalez | May 27, 2026

The Legislative Move

On May 27, Costa Rican lawmakers achieved a unanimous consensus to formalize the digital asset economy, approving the regulatory framework processed under File No. 25.340. This critical piece of legislation acts as a direct amendment to Law No. 7786, which serves as the country’s primary anti-money laundering and counter-terrorism financing legal architecture.

Under the newly minted provisions, any business providing virtual asset services—spanning from centralized exchanges and institutional custody providers to retail payment processors—must now undergo mandatory registration with SUGEF. The legislation is careful to thread a specific legal needle regarding the classification of these assets. The law explicitly clarifies that while cryptocurrencies are not recognized as legal tender, nor do they carry the legal weight of “foreign currency” backed by the Central Bank, they are now formally recognized in Costa Rican jurisprudence as digital representations of value. This legal definition officially permits their use for everyday payments, corporate investments, and cross-border transfers while keeping them distinctly separate from sovereign fiat monetary policy.

With Bitcoin currently trading globally at $74,919, Ethereum defending the $2,055.01 level, and major smart-contract platforms like Solana sitting at $83.85, the sheer volume of untracked capital flowing through Latin American digital channels has become impossible for sovereign governments to ignore. The passage of File No. 25.340 represents Costa Rica’s definitive move to capture, document, and monitor these decentralized financial flows without resorting to the outright draconian bans seen in more restrictive jurisdictions.

Jurisdiction Context

For years, Costa Rica maintained a relatively laissez-faire approach to digital asset innovation, naturally attracting digital nomads, web3 developers, and blockchain entrepreneurs to its shores. However, this highly permissive environment eventually drew the intense scrutiny of GAFILAT, the Financial Action Task Force for Latin America. The international watchdog organization identified the nation’s unregulated digital asset sector as a critical vulnerability and a high-risk gap in the broader regional financial system.

The looming threat of being placed on the dreaded international “grey list” served as the primary catalyst for this abrupt legislative pivot. Grey-listing can severely restrict a developing nation’s access to international capital markets, artificially inflate the cost of cross-border banking operations, and actively deter foreign direct investment. By forcefully pulling VASPs under the SUGEF regulatory umbrella, Costa Rica is actively demonstrating a robust framework for monitoring digital assets to appease international financial monitors and preserve its banking relationships.

Furthermore, this legislative action deliberately aligns Costa Rica with the Organization for Economic Co-operation and Development’s (OECD) incoming Crypto-Asset Reporting Framework (CARF). As nations around the globe race to harmonize their tax transparency laws, Costa Rica is actively positioning its domestic infrastructure to seamlessly integrate with CARF data collection mandates, which are universally expected to commence on January 1, 2027.

Industry Reaction

The immediate reaction from the domestic financial sector has been a rapid and aggressive reassessment of counterparty risk. One of the most severe and highly debated provisions of the new law dictates that traditional financial institutions are now explicitly prohibited from maintaining business relationships, providing corporate banking services, or processing fiat off-ramps for any crypto service providers that fail to register with SUGEF. This essentially creates an uncompromising “comply or die” banking firewall for the local crypto industry.

While some larger, internationally backed VASPs welcome the regulatory clarity as a necessary pathway to deeper institutional integration and corporate partnerships, smaller local operators are expressing profound concern over the looming operational overhead costs. It is also crucial to note that the established banking industry is aggressively communicating a specific caveat to retail participants: SUGEF registration is strictly for AML and CFT (Countering the Financing of Terrorism) supervision. It does not constitute a full financial license, nor does it provide any government guarantee, bailout mechanism, or insurance regarding the operational solvency of the registered crypto business.

Despite the compliance shockwave, the formalization of the sector is ultimately expected to unblock significant institutional capital that had previously remained sidelined due to the inherent legal ambiguity of interacting with unregulated digital entities in the Central American region.

Compliance Hurdles

The operational burden placed on VASPs under the amended Law No. 7786 is substantial and closely mirrors the reporting requirements historically reserved for legacy banking institutions. Registered entities must rapidly deploy enterprise-grade surveillance architecture and comprehensive compliance programs to avoid severe punitive measures and the loss of their banking rails.

The core compliance pillars mandated by the legislation include:

  • Exhaustive KYC/CDD: The implementation of strict “Know Your Customer” and Customer Due Diligence measures for all retail clients, institutional partners, and the ultimate beneficial owners of corporate accounts.
  • Dynamic Risk Assessment: Operators must proactively document, continuously update, and formally submit risk profiles related to emerging money laundering typologies and the financing of weapons of mass destruction.
  • Financial Intelligence Reporting: VASPs are explicitly required to maintain immutable, highly detailed records of all transactions and establish direct, secure reporting lines for suspicious activities to the Financial Intelligence Unit (UIF), a specialized division of the Costa Rican Institute on Drugs (ICD).
  • Travel Rule Adherence: Centralized exchanges and digital asset custodians must urgently implement the technology necessary to comply with FATF international standards, which legally require the sharing of verified sender and receiver information during digital asset transfers between covered entities.

For many crypto-native startups currently operating within Costa Rica, building the complex API infrastructure necessary to satisfy the UIF reporting requirements and adopting globally compliant Travel Rule protocol solutions will necessitate significant software overhauls and the immediate hiring of dedicated, specialized compliance officers.

What’s Next

With the second reading successfully concluded, File No. 25.340 now formally advances to the Executive Branch. It awaits the signature of the President, after which it will be officially published in the country’s national gazette, La Gaceta, marking its definitive entry into active, enforceable law.

The true operational test for the industry will begin immediately following this publication. SUGEF and partnered regulatory authorities have a highly compressed timeline of approximately three months to draft, finalize, and issue the detailed technical regulations and the exact procedural mechanics for the VASP registration process. During this brief transition period, existing operators will be forced into a frantic sprint to audit their internal legacy systems, procure third-party blockchain analytics software, and prepare their initial regulatory submissions before the banking blackout goes into full effect.

As the January 2027 CARF deadline rapidly approaches, Costa Rica’s decisive legislative maneuver clearly signals the end of the unregulated digital frontier in Central America, setting a stringent, compliance-first benchmark that neighboring jurisdictions are highly likely to replicate in the coming months as global regulatory pressure mounts.

The cryptocurrency market remains highly volatile. This article is for informational purposes only and does not constitute financial advice.

3 thoughts on “The GAFILAT Mandate: Inside Costa Rica’s File No. 25.340 and the SUGEF Crypto Registration Epoch”

  1. file 25.340 passing unanimously is huge for costa rica. most latam countries can barely agree on lunch let alone crypto regulation

  2. SUGEF oversight is the real headline. Non-compliant VASPs losing domestic banking access is basically a shutdown order.

    1. agree on the banking access point. but the implementation window gives most shops time to just register and comply. smart move by the legislature honestly

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