We have repeatedly stated that issuers cannot avoid the federal securities laws just by labeling their product a cryptocurrency or a digital token, Steven Peikin, Co-Director of the SECs Division of Enforcement. Telegram seeks to obtain the benefits of a public offering without complying with the long-established disclosure responsibilities designed to protect the investing public.https://www.sec.gov/news/press-release/2019-212
I guess the above excerpt from the SEC website says it all.
The company is operating under US law... so it can't ignore the law it is operating under.
I honestly don't know much about the law governing the company but if a privately owned is creating its own token, the company should comply with the rules.