The proposed NYDFS BitLicense could impact on non-US business:
Section 200.2 Definitions
(g) New York Resident means any Person that resides, is located, has a place of business, or is conducting business in New York
(n) Virtual Currency Business Activity means the conduct of any one of the following types of activities involving New York or a New York Resident
Section 200.3 License
(a) License required. No Person shall, without a license obtained from the superintendent as provided in this Part, engage in any Virtual Currency Business Activity
The jointly analysis of these rules can impact on non-US business. The Bitcoin ecosystem consists in high pseudoanonimity and interpreting in letteral way, every business that involves NY residents, even if run abroad with no contact with NY State, requires BitLicense or find a way to avoid NY residents.
For exemple: an european exchanger could block all New York’s IP addresses, but how can exclude a New York Resident that is located temporary in another State or Country, or using an anonymizer?
It will be enough a declaration that the user is not a NY Resident as for 200.2(g)?
Another problem is for travellers that will not have access to their accounts when located in NY.
Last question: is this proposed regulation compliant with International Agreement signed by US?