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WTO and USA - The WTO Resolution about Gambling Ban and Other Gambling Legal Information
We begin this section with a news of October 05, 2006 reported by Tony Batt about the WTO resolution of 2005 from Antigua and United States of America
Net Betting Ban Violates WTO Ruling ?
WASHINGTON, DC -- An Internet gambling ban approved by Congress violates a ruling last year by the World Trade Organization and could interfere with U.S. trade policy, a lawyer who represents the online wagering country of Antigua said.
"What Congress is really doing is putting the U.S. on a clear collision course with free trade and the WTO," said Mark Mendel, an attorney in El Paso, Texas.
Mendel represented Antigua in a dispute with the United States about whether the Caribbean island could legally accept Internet gambling wagers from customers in the United States.
In April 2005, a WTO court in Switzerland ruled the United States could ban Internet gambling within its borders. But the court also decided U.S. law was inconsistent because it allowed Internet operations for horse racing and state lotteries.
Both the U.S. Trade Representative's office and Antigua declared victory after the WTO decision, but it's still unclear how the ruling affects Internet gambling, which has become a $12 billion industry with more than 2,300 Web sites.
Mendel said the ban Congress approved would allow Nevada and other states to conduct Internet gambling within their own borders.
"That flies in the face of the WTO ruling," Mendel said.
Gretchen Hamel, a spokeswoman for the U.S. Trade Representative, said her agency is still reviewing the ban that passed Congress on Saturday. She declined to comment further.
The ban, which was attached as a rider to a port security bill, was submitted to President Bush Wednesday. He is expected to sign it within the next two weeks.
Mendel said the WTO may decide by January or February that the Internet gambling ban means the United States is not in compliance with its international trade agreements.
"I have always believed the United States has too much at stake in the WTO to let it all blow up because of this one case. I think ultimately, they will have to work something out with us," Mendel said.
Mendel said he and several high-level government officials from Antigua were in Washington last week to lobby against efforts by Senate Majority Leader Bill Frist, R-Tenn., to pass the Internet gambling ban.
"We talked to members who had a pretty good record on free trade, and most of them didn't understand the implications of this Internet gambling ban," Mendel said.
The group did not visit any lawmakers from Nevada, he said.
Although many Internet gambling companies are panicking in the wake of the ban, Mendel predicted the prohibition will have little effect.
"We have (Internet gambling) service providers in Antigua who have been consumer-complaint free for 10 years now," Mendel said. "Gamblers think those businesses offer a better deal than Las Vegas or a corner bookie."
Info and Documentation about WTO Internet Online Gamblin Resolutions
1) WT/DS285/1 -
S/L/110 - 27 March 2003
- United states – measures affecting the cross-border supply
of gambling and betting services Request for Consultations by Antigua and Barbuda
2) WT/DS285/1/Add.1 -
S/L/110/Add.1 - 10 April 2003
- United states – measures affecting the cross-border supply
of gambling and betting services Request for Consultations by Antigua and Barbuda - Addendum
3) WT/DS285/2 - 13 June 2003
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united states – measures affecting the cross-border supply
of gambling and betting services - Request for the Establishment of a Panel by Antigua and Barbuda
4)
WT/DS285/3 - 26 August 2003
- united states – measures affecting the cross-border supply
of gambling and betting services - Constitution of the Panel Established at the Request of Antigua and Barbuda - Note by the Secretariat
5) WT/DS285/4 -
30 January 2004 - united states – measures affecting the cross-border supply
of gambling and betting services - Communication from the Chairman of the Panel
5)
WT/DS285/5 - 28 June 2004
- united states – measures affecting the cross-border supply
of gambling and betting services - Communication from the Chairman of the Panel
6)
WT/DS285/5/Add.1 -
20 August 2004 - united states – measures affecting the cross-border supply
of gambling and betting services - Communication from the Chairman of the Panel
- Addendum
7)
WT/DS285/5/Add.2 - 11 October 2004
- united states – measures affecting the cross-border supply
of gambling and betting services - Communication from the Chairman of the Panel - Addendum
8)
WT/DS285/5/Add.3 - 10 November 2004
- united states – measures affecting the cross-border supply
of gambling and betting services - Communication from the Chairman of the Panel - Addendum
9)
WT/DS285/6 - 13 January 2005
- united states – measures affecting the cross-border supply
of gambling and betting services - Notification of an Appeal by the United States under paragraph 4 of Article 16 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
10) WT/DS285/7 -
16 February 2005 - united states – measures affecting the cross-border supply
of gambling and betting services - Notification of Other Appeal by Antigua and Barbudaunder Article 16.4 and Article 17 of DSU, and under Rule 23(1) of the Working Procedures for Appellate Review
11) WT/DS285/7/Corr.1 -
17 February 2005
- united states – measures affecting the cross-border supply
of gambling and betting services - Notification of Other Appeal by Antigua and Barbudaunder Article 16.4 and Article 17 of DSU, and under Rule 23(1) of the Working Procedures for Appellate Review
- Corrigendum
12) WT/DS285/8 - 11 March 2005
- united states – measures affecting the cross-border supply
of gambling and betting services - Communication from the Appellate Body
13)
WT/DS285/9 - 7 April 2005
- united states – measures affecting the cross-border supply
of gambling and betting services - Communication from the Appellate Body
14) WT/DS285/10 - 25 April 2005
- united states – measures affecting the cross-border supply
of gambling and betting services - Appellate Body Report and Panel Report - Action by the Dispute Settlement Body
15) WT/DS285/11 -
9 June 2005 - united states – measures affecting the cross-border supply
of gambling and betting services -Request from Antigua and Barbuda for Arbitration under Article 21.3(c) of the DSU
16) WT/DS285/12 - 5 July 2005
- united states – measures affecting the cross-border supply
of gambling and betting services - Appointment of Arbitrator by the Director-General under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
17) WT/DS285/13 - 19 August 2005
- united states – measures affecting the cross-border supply
of gambling and betting services - Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
17) WT/DS285/13 - 19 August 2005
- united states – measures affecting the cross-border supply
of gambling and betting services - Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes (WORD DOCUMENT)
18)
WT/DS285/14 - 23 August 2005
- - united states – measures affecting the cross-border supply
of gambling and betting services - Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
19) WT/DS285/AB/R - 7 April 2005
- - united states – measures affecting the cross-border supply
of gambling and betting services - Report of the Appellate Body
19) WT/DS285/AB/R - 7 April 2005
- - united states – measures affecting the cross-border supply
of gambling and betting services - Report of the Appellate Body (WORD DOCUMENT)
20) WT/DS285/R - 10 November 2004
- united states – measures affecting the cross-border supply
of gambling and betting services - Report of the Panel (WORD DOCUMENT)
21) WT/DS285/R Annex A - Working Procedures for the Panel
in United States – Measures Affecting the Cross-Border Supply of Gambling and Betting Services (WORD DOCUMENT)
22) WT/DS285/2 Annex D - 13 June 2003
- REQUEST FOR THE ESTABLISHMENT OF A PANEL
BY ANTIGUA AND BARBUDA
23) WT/DS285/R Annex E - laws RELIED UPON BY Antigua in claiming
that the cross-border supply of gambling and betting services
is prohibited IN THE UNITED STATES
24) WT/DS285/R Annex F - TEXT OF STATE LAWS THAT THE PANEL
WILL CONSIDER IN EXAMINING ANTIGUA'S CLAIMS
25) WT/DS285/R Annex G - LIST OF EXHIBITS SUBMITTED BY THE PARTIES
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