measures affecting the cross-border supply of gambling and betting services laws RELIED UPON BY Antigua in claiming that the cross-border supply of gambling and betting services is prohibited IN THE UNITED STATES

One of the fastest growing internet card games in terms of popularity is Backgammon. Unlike traditional online casino games like Baccarat and Roulette, Backgammon is considered a skill game. Although a game like blackjack can and should be played with a skillful strategy, blackjack is still considered a game of chance, and does not offer the same degree of skill that bettors can exercise while playing Backgammon. On the contrary, Backgammon is more like a game of poker or chess. In fact, many players describe Backgammon as a happy medium between checkers and chess - Offering players the chance to use in-depth strategy, but also providing a fun and entertaining game of simple structure. More and more internet casinos are beginning to offer Backgammon as part of their regular lineup of traditional games. And considering that Backgammon is designated as a skill game, it is well-equipped to slide under the radar of the recently passed Internet Gambling Prohibition and Enforcement Act. Consequently, internet gamblers should expect to see more of Backgammon in the online casinos. Real-time Backgammon software first hit the Web in 1992, which since time has developed and blossomed into a graphically intense and user-friendly software platform and playing interface. There are numerous commercial websites and casinos now offering this recreational game in real-time form in both play-for-fun and real-money betting environments. Two of the Web's largest search engine's, Yahoo and MSN both have their own offering of live games, which include Backgammon. Yahoo! Games has offered a Java-based Backgammon for nearly ten years, while MSN offers a sharp Backgammon game that can be played with ActiveX controls.

WTO and USA - The WTO Resolution about Gambling Ban

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

MEASURES	CONTAINED IN PANEL REQUEST?	CONTAINED IN ANTIGUA'S EXHIBIT	CONTAINED IN SUBMISSION
I. United States Federal Legislation
U.S. Const. art. I, § 8, cl. 3	No	No exhibit	Antigua's second written submission, paragraph 20, footnote 19.
Interstate Horseracing Act (15 USC §§ 3001 – 3007)	Yes	Text in exhibits 82, 99 Discussion in exhibits 17, 39, 54, 81, 122	- Antigua's first written submission, paragraph 116, footnote 224 - Antigua's second written submission, paragraph 21, footnote 21 - Panel's 1st set of questions, question Nos. 10 and 19 - Antigua's second oral statement, paragraph 16, footnote 4 - Panel's 2nd set of questions, question No. 32.
The Federal Aiding and Abetting Statute (18 USC § 2)	Yes	Text in exhibits 82, 99 Discussion in exhibit 81	General reference: - to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission - Antigua's second oral statement, paragraph 16, footnote 4 - Panel's 2nd set of questions, question No. 32
Wire Act (18 USC § 1081 and 1084)	Yes	Text in exhibits 82, 99 Discussion in exhibits 10, 17, 39, 45, 54, 81, 94, 119, 122	- Antigua's first written submission, paragraph 134, footnote 268 - Antigua's first oral statement, paragraph 21, footnote 2 - Panel's 1st set of questions: question No. 10; question No. 12; question No. 21; and question No. 29 - Antigua's second oral statement, paragraph 16, footnote 4 and paragraph 69, footnote 47 - Panel's 2nd set of questions, question Nos. 32 and 45
I. United States Federal Legislation (Contd.)
Federal Lottery Statute (18 USC § 1301 – 1307)	Yes	Text in exhibits 82, 99 Discussion in exhibits 81, 94	General reference: - to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission - Antigua's second oral statement, paragraph 16, footnote 4 - Panel's 1st set of questions, question No. 10 - Panel's 2nd set of questions, question No. 32.
Travel Act (18 USC § 1952)	Yes	Text in exhibits 82, 99 Discussion in exhibits 17, 54, 81, 119, 122	- Antigua's first written submission, paragraph 134, footnote 269 - Antigua's first oral statement, paragraph 21, footnote 3 - Panel's 1st set of questions, question No. 21 - Antigua's second oral statement, paragraph 16 footnote 4 and paragraph 69, footnote 48 - Panel's 1st set of questions, question No. 10 - Panel's 2nd set of questions, question Nos. 32 and 45
Interstate Transportation of Wagering Paraphernalia (18 USC § 1953)	Yes	Text in exhibits 82, 99 Discussion in exhibits 54, 81	General reference: - to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission. - Antigua's second oral statement, paragraph 16, footnote 4 - Panel's 2nd set of questions, question No. 32.
'Racketeering Act' or 'Illegal Gambling Business Act' (18 USC § 1955)	Yes	Text in exhibits 82, 99 Discussion in exhibits 17, 54, 81, 119, 122	- Antigua's first written submission, paragraph 134, footnote 270 - Antigua's first oral statement, paragraph 21, footnote 4 - Panel's 1st set of questions: * question No. 10; * question No. 12; and * question No. 21 - Antigua's second oral statement, paragraph 16, footnote 4 and paragraph 69, footnote 49 - Panel's 2nd set of questions, question Nos. 32 and 45.
I. United States Federal Legislation (Contd.)
19 USC §§ 1330-1339, §2151, §§ 2171 (a)-(f), 2114 (c) 19 USC § 3512 (d)	No	Texts in exhibits 100, 101, 102 Text in exhibit 106	- Panel's 1st set of questions, question No. 2 - Panel's 1st set of questions, question No. 2.
Indian Gaming Regulatory Act (25 USC §§ 2701-2721)	No	Discussion in exhibits 10, 17, 39, 54, 119	Antigua's first written submission, paragraph 99, footnotes 166, 167, 168.
The Professional and Amateur Sports Protection Act (28 USC §§ 3701 – 3704)	Yes	Text in exhibits 82, 99 Discussion in exhibits 45, 48, 54, 81	- Antigua's first written submission, paragraph 124, footnote 248 - Antigua's second written submission, paragraph 21, footnote 21 - Antigua's second oral statement, paragraph 16, footnote 4 - Panel's 1st set of questions, question No. 10 - Panel's 2nd set of questions, question Nos. 32 and 36.
Postal Law Regarding Mailing Gambling Related Materials (39 USC § 3005)	Yes	Text in exhibits 82, 99 Discussion in exhibit 81	General reference: - to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission. - Antigua's second oral statement, paragraph 16, footnote 4 - Panel's 1st set of questions, question No. 10 - Panel's 2nd set of questions, question No. 32.
(47 USC § 231)	No	Text in exhibit 76
The Unlawful Internet Gambling Funding Prohibition Act, H.R. 2143, adopted 10 June 2003	No	Text in exhibit 70	- Antigua's first written submission, paragraph 200, footnote 321
II. State and Territorial Legislation
Alabama Ala. Code §§ 13A-12-20 to 13A-12-31 (1977).	Yes	Text in exhibit 99 Discussion in exhibit 88	General reference: - to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission. - Panel's 2nd set of questions, question No. 32 - Panel's 1st set of questions, question Nos. 10 and 12.
Alaska Alaska Stat. § 05.15.180 (1997). Alaska Stat. §§ 11.66.200 to 11.66.280 (1978).	Yes Yes	Text in exhibit 99 Discussion in exhibit 88	General reference: - to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission. - Antigua's second oral statement, paragraph 16, footnote 4 - Panel's 1st set of questions, question No. 10 - Panel's 2nd set of questions, question No. 32.
Arizona Ariz. Rev. Stat. Ann. §§ 13-3301 to 13-3312 (2001).	Yes	Text in exhibit 99 Discussion in exhibit 88	General reference: - to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission. - Antigua's second oral statement, paragraph 16, footnote 4 - Panel's 1st set of questions, question No. 10 - Panel's 2nd set of questions, question No. 32.

Exhibit 99 is the CD containing all the US state laws that are mentioned in the Panel request. It is referred in Antigua's first oral statement, paragraph 25, footnote 5.

II. State and Territorial Legislation (contd.)

Connecticut Division of Special Revenue, Administrative Regulations: Operation of Bingo Games, Rule, 7-169-13a

Text in exhibit 133
Discussion in exhibit 132 (website pages)

Antigua's second written submission, paragraph 26, footnotes 29 and 30, and paragraph 29, footnote 40.

Delaware

Del Const. art. 2, §17.
Del. Code Ann. tit. 11, §§ 1401-32, 1470-73 (2002).

Yes
Yes

Text in exhibit 99
Discussion in exhibits 48, 88

General reference:
- to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission.
- Panel's 1st set of questions, question No. 10
- Panel's 2nd set of questions, question Nos. 32 and 36

District of Columbia

D.C. Code Ann. §§ 22-1701 to 22-1712 (2001).

Yes

Text in exhibit 99
Discussion in exhibit 88

General reference:
- to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission.
- Antigua's second oral statement, paragraph 16, footnote 4
- Panel's 1st set of questions, question No. 10
- Panel's 2nd set of questions, question No. 32.

Florida

Fla. Stat. §§ 849.01 to 849.46 (2000).

Yes

Text in exhibit 99
Discussion in exhibit 88

II. State and Territorial Legislation (contd.)

Georgia

Ga. Const. art. 1, § 2.
Ga. Code Ann. §§16-12-20 to 16-12-62 (2003).

Yes
Yes

Text in exhibit 99
Discussion in exhibit 88

Hawaii

Haw. Rev. Stat. Ann. §§ 712-1220 to 712-1231 (Michie 1973).

Yes

Text in exhibit 99
Discussion in exhibit 88

Idaho

Idaho Const. art. III, § 20.
Idaho Code §§ 18-3801 to 18‑3810 (1992).

Yes
Yes

Text in exhibit 99
Discussion in exhibit 88

II. State and Territorial Legislation (contd.)

Illinois

Ill. Rev. Stat. ch. 720, §§ 5/28-1 to 5/28-9 (1993).

Yes

Text in exhibit 99
Discussion in exhibit 88

Illinois Riverboat Gaming Act, 230 Illinois Compiled Statutes 10/7 (e)

Text in exhibit 139

Antigua's second written submission, paragraph 27, footnote 35.

Indiana

Ind. Code §§ 35-45-5-1 to 35‑45-5-8 (1998)

Yes

Text in exhibit 99
Discussion in exhibit 88

Indiana Code 4-33-1-2
Indiana Code 4-33-9-1
Indiana Code 4-33-9-10
Indiana Administrative Code 2‑1-4 (c) (1)

Text in exhibits 134, 135, 136

Antigua's second written submission :
*paragraph 26, footnotes 31 and 32; and
*paragraph 29, footnote 41.

Iowa

Iowa Code §§ 725.5 to 725.16 (1993).

Yes

Text in exhibit 99
Discussion in exhibit 88

II. State and Territorial Legislation (contd.)

Iowa Racing and Gaming Commission, Administrative Rules, 491 – 1
Iowa Racing and Gaming Commission, Administrative Rules, 491 – 8.2 (4) (g)
Iowa Racing and Gaming Commission, Administrative Rules, 491 – 11.5 (4) (a) (4)

Text in exhibits 141, 142, 144

Antigua's second written submission :
*paragraph 27, footnote 37; *paragraph 28, footnote 38; and *paragraph 29, footnote 42.

Kansas

Kan. Crim. Code Ann. (KSA) § 21-4303 to 21-4308 (1995).

Yes

Text in exhibit 99
Discussion in exhibits 88, 93, 94

Kan. Crim. Code Ann. (KSA) § 21-4302(c)

Discussion in exhibit 94

Kansas Consumer Protection Act

Discussion in exhibit 94

Louisiana

La. Const. art. XII, § 6.
La. Rev. Stat. Ann. § 14:90.‑ .4 (West 1986).

Yes
Yes

Text in exhibit 99
Discussion in exhibits 88, 119

Louisiana Gaming Control Law RS 27:65

Text in exhibit 140

Antigua's second written submission, paragraph 27, footnote 36.

II. State and Territorial Legislation (contd.)

Maine

Me. Rev. Stat. Ann., tit. 17, §§ 330-347 (1983).
Me. Rev. Stat. Ann., tit. 17, §§ 2305-2306 (1983).

Yes
Yes

Text in exhibit 99
Discussion in exhibit 88

Maryland

Md. Code Ann., Crim. Law, §§12-101 to 12-307 (2002).

Yes

Text in exhibit 99
Discussion in exhibit 88

Massachusetts

Mass. Gen. Laws Ann. ch. 271, §§ 1-50 (West 2000)

Yes

Text in exhibit 99
Discussion in exhibits 84 , 88

- Antigua's first oral statement, paragraph 20
- Antigua's second oral statement, paragraph 16, footnote 4
- Panel's 1st set of questions, question No. 10
- Panel's 2nd set of questions, question No. 32.

Mass. Gen. Laws Ann. ch. 6, § 48; ch. 10, §§ 22-58 (West 2000)

No text
Discussion in exhibit 84

- Panel's 2nd set of questions, question No. 32.

II. State and Territorial Legislation (contd.)

Michigan

Mich. Comp. Laws Ann. §§ 750.301-750.315a (West 1990).

Yes

Text in exhibit 99
Discussion in exhibits 88, 95

Minnesota

Minn. Stat. Ann. §§ 609.75-609.763 (Supp. 2003).

Yes

Text in exhibit 99
Discussion in exhibits 88, 96

Mississippi

Miss. Code Ann. §§ 97-33-1 to 97-33-203 (1999).

Yes

Text in exhibit 99
Discussion in exhibit 88

Mississippi Gaming Commission Regulations, Section II (B) (2)

Text in exhibit 138

Antigua's second written submission, paragraph 26, footnote 34.

II. State and Territorial Legislation (contd.)

Missouri

Mo. Ann. Stat. §§ 572.010-572.125 (West 1995).

Yes

Text in exhibit 99
Discussion in exhibit 88

Montana

Mont. Const. art. III, §9.
Mont. Code Ann. §§ 23-5-101 to 23-5-810 (1993).

Yes
Yes

Text in exhibit 99
Discussion in exhibits 88, 119

Nebraska

Neb. Rev. Stat. §§ 28-1101 to 28-1117 (1995).

Yes

Text in exhibit 99
Discussion in exhibit 88

Nevada

Nev. Rev. Stat. § 202.450 (1999)
Nev. Rev. Stat. § 463.160 (2001)

Yes

Texts in exhibit 99
Discussion in exhibits 84 and 88

- Antigua's first oral statement, paragraphs 19, 20
- Antigua's second oral statement, paragraph 16, footnote 4
- Panel's 1st set of questions, question No. 10
- Panel's 2nd set of questions, question No. 32.

Para 20 of Antigua's first oral statement refers to Exhibit AB-84, which contains a document that is an extract from a report prepared by the US General Accounting Office explaining how the laws of 5 States prohibit unauthorized Internet gambling: Massachusetts, Nevada, New-Jersey, New-York, Utah.

II. State and Territorial Legislation (contd.)

Nev. Rev. Stat. § 463.0129; § 463.750

No text
Discussion in exhibit 84

- Antigua's first written submission, paragraph 87, footnote 133
- Panel's 2nd set of questions, question No. 32.

Nev. Rev. Stat. § 465.091- 465.094

Text in exhibit 117
Discussion in exhibit 119

Panel's 1st set of questions, question No. 19

Regulations of the Nevada Gaming Commission and State Gaming Control Board, Regulation 3.010 (5) and (7)

Text in exhibit 143

Antigua's second written submission, paragraph 28, footnote 39.

New-Hampshire

N. H. Rev. Stat. Ann. § 647:2 (1999).

Yes

Text in exhibit 99
Discussion in exhibit 88

New-Jersey

N.J. Const. art. IV, § 7
N.J. Stat. Ann. §§ 2A:40-1 to 2A:40-9 (2000)
N.J. Stat. Ann. §§ 2C:37-1 to 2C:37-9 (1995)
N.J. Stat. Ann. § 5:5-63 (1996)
N.J. Stat. Ann. §§ 5:12-1 to 5:12-210 (1996)

Yes
Yes

Yes

Yes
Yes

Text in exhibit 99
Discussion in exhibits 84, 88, 119

N.J. Stat. §§ 5:5-159
N.J. Stat. §§ 5:8-1 to 8–118
N.J. Stat. §§ 5:9–1 et seq.

No
No
No

No text
Discussion in exhibit 84

- Panel's 2nd set of questions, question No. 32.

2002 New Jersey Assembly Bill No 568

No text
Discussion in exhibit 84

- Panel's 2nd set of questions, question No. 32.

II. State and Territorial Legislation (contd.)

New-Mexico

N.M. Stat. Ann. §§ 30-19-1 to 30-19-15 (1978)

Yes

Text in exhibit 99
Discussion in exhibit 88

New-York

N.Y. Const. art. I, §9

Yes

Text in exhibits 90 and 99
Discussion in exhibits 84 and 88

- Antigua's first written submission, paragraphs. 149-150
- Antigua's first oral statement, paragraph 20
- Antigua's second oral statement, paragraph 16, footnote 4
- Panel's 1st set of questions, questions No. 10, 29
- Panel's 2nd set of questions, question No. 32.

N.Y. Executive Law §§ 430‑439a (McKinney 1996)
N.Y. Penal Law §§ 225.00-225.40 (McKinney 1999)
N.Y. General Obligation Law §§ 5-401 to 5-423 (McKinney 2001)

Yes

Text in exhibits 90 and 99
Discussion in exhibits 84 and 88

- Antigua's first oral statement, paragraph 20
- Panel's 1st set of questions, questions No. 10, 29
- Antigua's second oral statement, paragraph 16, footnote 4
- Panel's 2nd set of questions, question No. 32.

NY Penal Code §§ 120.00-.15 and § 155.05 (2) (e)

- Comments on US responses to the Panel's 2nd set of questions, question No. 45.

Gen. Mun. Law § 185 et seq (McKinney)
Rac., Pari-Mut Wag. & Breed Law § 101; § 1012 (McKinney)

No text
Discussion in exhibit 84

- Panel's 2nd set of questions, question No. 32.

II. State and Territorial Legislation (contd.)

North Carolina

N. C. Gen. Stat. §§ 14-289 to 14-309.4 (1994).

Yes

Text in exhibit 99
Discussion in exhibit 88

North Dakota

N.D. Const. art. 11, § 25.
N.D. Cent. Code § 12.1-28-01 to 12.1-28-02 (1987).

Yes
Yes

Text in exhibit 99
Discussion in exhibit 88

General reference:
- to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission.
- Antigua's second oral statement, paragraph 16, footnote 4
- Panel's 1st set of questions, questions No. 10
- Panel's 2nd set of questions, question No. 32.

Ohio

Ohio Const. art. XV, § 6.
Ohio Rev. Code Ann. §§ 2915.01-2915.06 (1996).

Yes
Yes

Text in exhibit 99
Discussion in exhibit 88

General reference:
- to "a huge number of American laws" in paragraph 25 and footnote 5 of Antigua's first oral submission.
- Antigua's second oral statement, paragraph 16, footnote 4
- Panel's 1st set of questions, questions No. 10
- Panel's 2nd set of questions, question No. 32.

Oklahoma

Okla. Stat. Ann. tit. 3A, § 205.6 (West 1993).
Okla. Stat. Ann. tit. 21, §§ 941-993 (West 2002).

Yes
Yes

Text in exhibit 99
Discussion in exhibit 88

II. State and Territorial Legislation (contd.)

Oregon

Or. Rev. Stat. §§ 167.108-167.170 (2001)

Yes

Text in exhibit 99
Discussion in exhibit 88

Oregon Administrative Rule 462-220-0010 / 462-220-0080

Text in exhibit 121

Panel's 1st set of questions, question No. 19

Pennsylvania

Pa. Stat. Ann. tit. 18, § 911 (Purdon 1998)
Pa. Stat. Ann. tit. 18, § 5513 (Purdon 2000)
Pa. Stat. Ann. tit. 66, § 2902 (Purdon 2000)

Yes

Text in exhibit 99
Discussion in exhibit 88

Rhode Island

R.I. Const. art. VI, § 22

Yes

Text in exhibits 91 and 99
Discussion in exhibit 88

- Antigua's first written submission, paras. 149-150
- Antigua's second oral statement, paragraph 16, footnote 4
- Panel's 1st set of questions, question No. 10
- Panel's 2nd set of questions, question No. 32 (general reference).

R. I. Gen. Laws §§ 11-19-1 to 11-19-45 (1993)
R. I. Gen. Laws § 11-51-1 to 11-51-2 (1979)

Yes

Text in exhibits 91 and 99
Discussion in exhibit 88

II. State and Territorial Legislation (contd.)

South Carolina

S.C. Code Ann. §§ 16-19-10 to 16-19-160 (Law Co-op. 1996)

Yes

Text in exhibit 99
Discussion in exhibit 88

South Dakota

S.D. Codified Laws §§ 22‑25‑1 to 22-25-51 (Michie 1976).

S.D. Codified Laws § 22‑25A‑1 to 22-25A-15 (Michie 2000).

Yes

Text in exhibit 99
Discussion in exhibits 88, 119, 137

Antigua's second written submission, paragraph 26, footnote 33.

However, paragraph 26 does not explicitly mention a legislation. It states: "In South Dakota, casino gambling (black jack, poker, slot machines) is permitted only in the city of Deadwood and nine Indian casinos located in the state."

Then, footnote 33 only refers to the website of the Commission on Gaming (Frequently Asked Questions), cf. [AB - 137], which does not refer to any legislation.

- Antigua's second oral statement, paragraph 16, footnote 4
- Panel's 1st set of questions, question No. 10
- Panel 2nd set of questions, question No. 32.

Tennessee

Tenn. Const. art. XI, § V
Tenn. Code Ann. §§ 39-17-501 to 39-17-509 (1989)

Yes
Yes

Text in exhibit 99
Discussion in exhibit 88

II. State and Territorial Legislation (contd.)

Texas

Tex. Penal Code Ann. §§ 47.01 to 47.10 (West 2003)

Yes

Text in exhibit 99
Discussion in exhibit 88

Utah

Utah Code Ann. §§ 76‑10‑1101 to 76-10-1109 (1998)

Yes

Text in exhibit 99
Discussion in exhibit 84

Ut. Const. Art. VI § 27

No text
Discussion in exhibits 84, 119

- Panel's 2nd set of questions, question No. 32.

Vermont

Vt. Stat. Ann. tit. 13, §§ 2133-2156 (1957)

Yes

Text in exhibit 99
Discussion in exhibit 88

Virginia

Va. Code Ann. §§ 18.2-325 to 18.2-340 (Michie 1992)

Yes

Text in exhibit 99
Discussion in exhibit 88

II. State and Territorial Legislation (contd.)

Washington

Wash. Rev. Code Ann. § 4.24.070 (West 1988)
Wash. Rev. Code Ann. §§ 9.46.010 to 9.46.903 (West 1998)

Yes

Text in exhibit 99
Discussion in exhibit 88

West Virginia

W. Va. Code §§ 61-10-1 to 61‑10-5 (1970)

Yes

Text in exhibit 99
Discussion in exhibit 88

Wisconsin

Wis. Const. art. IV, § 24
Wis. Stat. Ann. §§ 945.01‑945.13 (West 2001)

Yes
Yes

Text in exhibit 99
Discussion in exhibit 88

Wyoming

Wyo. Stat. §§ 6-7-101 to 6‑7‑104 (1996)

Yes

Text in exhibit 99
Discussion in exhibit 88

II. State and Territorial Legislation (contd.)

Guam

9 Guam Code Ann. §§ 64.10 to 64.22A (2003)

Yes

Text in exhibit 99
Discussion in exhibit 88

Puerto Rico

P.R. Laws Ann. tit. 33, §§ 1241 to 1259 (1949)

Yes

Text in exhibit 99
Discussion in exhibit 88

US Virgin Islands

V.I. Code Ann. tit. 14, §§ 1224-1226 (1985)
V.I. Code Ann. tit. 32, §§ 602‑646 (2001)

Yes

Text in exhibit 99
Discussion in exhibit 88

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