In the United States, true perpetual futures reach US persons only through a few CFTC-registered routes, and most perp DEXs block US users outright. None of this is investment advice, perpetual futures carry liquidation risk, and availability depends on where you are.
Three recent actions set the position. On May 29, 2026, the CFTC approved KalshiEX’s BTCPERP contract, a cash-settled bitcoin contract with, in the Commission’s words, “an indefinite (or ‘perpetual’) term.” CME then sued the CFTC over that approval on June 18, 2026, arguing that perpetual contracts are swaps rather than futures, and the case was still pending in late September 2026. On the same day, CFTC Letter 26-17 let Coinbase Financial Markets route US customers into Deribit’s perpetuals through Coinbase’s own Bermuda-based broker affiliate. That is offshore execution through a registered intermediary, not access to a US-listed contract.
Then the legislation stalled. On September 15, 2026, the Senate rejected cloture on the CLARITY Act by 49 votes to 50, against the sixty required, though a motion to reconsider leaves another vote open. Build so the plan works either way.
Hyperliquid in the US has a clear answer, and the venue gives it in its terms of service. Clause 1.6 classifies anyone residing, located, or incorporated in the United States or Ontario, Canada, as a restricted person, “strictly prohibited from accessing or using the Interface.”
Europe judges a product by what it does, not what you call it. ESMA’s guidelines on qualifying crypto-assets as financial instruments state that “perpetual futures should be treated as derivative contracts” assessed against MiFID II, and that a crypto-asset meeting that test “will be subject to MiFID II, not MiCA.” ESMA added on February 24, 2026, that a firm’s commercial name “is irrelevant” to whether national CFD intervention measures apply, and that reading pulls leverage caps and risk warnings into scope.
Promoting points or leverage into a country you geoblock is a marketing problem with legal consequences, not a legal problem with marketing side effects, and compliance-safe crypto marketing is cheaper built in than retrofitted. Get the geography right, and the program scales. Get it wrong, and your best channel becomes your largest liability.