Nils Silinevics
Partner · AML & Crypto Compliance · Former FIU Investigator
Kraken is registered with FMA (Financial Market Authority) in Austria. That means we have a direct regulatory path to resolve your freeze. Swiss legal team with FMA expertise. 90%+ success rate.
Kraken operates with FMA registration in Austria
FMA requires crypto service providers to register — under Austrian implementation of AMLD5; FMA is strict and transparent
This matters because it determines which regulatory body has authority over your case — and whether you have a direct complaint path or need cross-jurisdictional legal action.
Good news: Since Kraken is registered with FMA (Financial Market Authority), we have a direct regulatory complaint path. If Kraken doesn't resolve your case within a reasonable time, we escalate to FMA (Financial Market Authority) — and the platform knows this.
under BWG §1(1) Z15-16 (crypto custody license, added 2020), you can complain to FMA; also Austrian Banking Ombudsman (Bankenombudsmann)
Under Austrian Banking Act (Bankwesengesetz, BWG) + AML Act (Geldwäschegesetz 2023, FM-GwG), Kraken must conduct customer due diligence and can freeze accounts during AML investigations. However, they must also:
If Kraken doesn't meet these obligations, we escalate to FMA (Financial Market Authority) and file a formal legal submission. For a broader comparison of how Austria's rules stack up against other jurisdictions, see our AML laws by country reference.
crypto taxed as 'other income' (sonstige Einkünfte) — flat 27.5% (or 25% for corporations); no holding-period exemption
If your Kraken account is frozen, you may still need to declare your crypto holdings on your Austria tax return — even if you can't access them. Under Austria law, the tax obligation may apply regardless of whether the funds are accessible. We recommend consulting a Austrian tax advisor.
If the freeze causes you to miss a tax deadline, we can provide documentation for the FMA (Financial Market Authority) and tax authority explaining the situation.
A Austrian user with a common Middle Eastern name had their Kraken account frozen after a sanctions screening match. Kraken's compliance tool (Chainalysis) flagged the name against OFAC lists. We prepared a non-association declaration and cross-referenced with FMA (Financial Market Authority)'s sanctions guidance. The account was restored after we provided a legal submission citing FMA (Financial Market Authority)'s guidelines and the client's transaction history.
Details anonymized to protect client confidentiality. Swiss professional secrecy applies.
We analyze your Kraken account, transaction history, and Austria regulatory context to identify the exact trigger. Was it a Chainalysis risk flag? A sanctions screening match? A source-of-funds demand? Each requires a different strategy.
We prepare documentation compliant with Austrian Banking Act — not just Kraken's standard templates. This includes source-of-funds proof, transaction tracing, and any required FMA-specific forms.
We submit through Kraken's compliance channels — not standard support. Our submission is in German and references FMA guidelines. We also file a parallel complaint with FMA if needed.
We verify everything works and advise on preventing recurrence on Kraken. If Kraken doesn't respond within no statutory maximum; FMA expects 'timely' resolution — interpreted as 6-8 weeks, we escalate to FMA and pursue cross-jurisdictional action in USA (Wyoming incorporation; HQ San Francisco) if needed.
Tell us what happened. A senior crypto compliance lawyer — not a chatbot, not a junior — will read your case and respond within 6 hours. Swiss professional secrecy applies from your first message.