The odds aren’t great, but some offshore online gambling firms have a puncher’s chance of legally returning to the United States, thanks to the dogged determination of the tiny, twin-island nation of Antigua and Barbuda.
The World Trade Organization has reportedly ruled unambiguously in Antigua’s favor in a three-year-old case that country filed against the U.S. for free trade violations.
The ruling has not been made public yet, but a spokesperson for the U.S. Trade Representative’s office has all but confirmed that the decision went against the U.S.
In 2003 Antigua complained that the U.S. government’s ban on offshore online casinos and sports books violates the General Agreement on Trades in Services (GATS) treaty since it allows the same activities within its borders (see Gaming Firms Plan Counterattack).
And since both countries are signatories to GATS, the U.S., if it abides by the spirit of the ruling, should do one of two things: Either open its market to online gambling firms based in Antigua, or shut down the firms running the same kind of operations in the U.S.
Second Victory
To most observers, the WTO already ruled in Antigua’s favor in 2005. But the U.S. government claimed victory anyway. The overly bureaucratic style in which the ruling was written lent itself to multiple interpretations.
There’s a good chance the U.S. can use the WTO’s dense bureaucratese as another clarion call to inaction. The ruling is expected to be made public within a couple of weeks.
In October the Antiguan government amended its complaint to include the Unlawful Internet Gambling Enforcement Act of 2006. The law prohibits financial institutions from transacting funds generated by offshore online gambling (see Gambling Firms Flee United States).
This latest WTO decision will reflect that amendment.
The U.S. has varied its defense over the years. Initially the Bush Administration said that GATS did not include online gambling. At least that was not the U.S. understanding of the treaty.
Since then the U.S. has come up with a “moral” defense. It says online gambling, unlike all the other forms of gambling available in the U.S., does not have adequate protection against minors betting the family house.
The Antiguan government and the offshore online gambling industry have indeed come up with techniques to weed out minors armed with their parents’ credit cards. But so far that defense has fallen on deaf ears.Antiguan Sanctions?
In October, a small group of politicians jammed the Unlawful Internet Gambling Enforcement Act of 2006 through as an attachment to a popular port security bill. President Bush soon signed it into law.
Antigua is home to 44 online gambling licensees. Seventeen of those are regulated gambling firms. But they have slim hope of a U.S. revival. For Antigua, the WTO decision is likely to be little more than a Pyrrhic victory.
It’s unlikely the U.S. government will reverse its position or its laws banning offshore online gambling. The U.S. is more likely to ignore the ruling and leave the next move to Antigua.
Antigua could impose sanctions against the U.S. But that would hurt Antigua much more than the U.S. Without additional pressure on the U.S. government, the historic WTO decision is destined to suffer a quiet death.
Soure: Red Herring
All posts by Joe Duffy
Victory For Personal Responsibility Advocates, Big Brother Gets Setback
The United States has suffered a new setback in a four-year legal battle with Antigua and Barbuda over U.S. restrictions on Internet gambling, a U.S. trade official said.
At issue is an April 2005 World Trade Organization ruling against U.S. prohibitions on online horse-race betting. Since then, the U.S. Congress has passed additional legislation to ban betting over the Internet.
Gretchen Hamel, a spokeswoman for the U.S. Trade Representative’s office, confirmed Thursday the press reports that a WTO panel “did not agree with the United States that we had taken the necessary steps to comply” with that ruling.
At the same time, Hamel downplayed the decision contained in a preliminary, confidential report to the two parties.
“The panel’s findings issued today involve a narrow issue of federal law” and the United States will have opportunity to submit comments to the WTO before it issues its final, public report in March, Hamel said.
The issue is a touchy one for the Bush administration, which supports free trade but whose conservative allies in Congress late last year pushed through a bill to ban most forms of Internet gambling.
Antigua and Barbuda, a Caribbean island nation with few natural resources, has sought to build up an Internet gambling industry to provide jobs to replace those in its declining tourist industry.
It argued in a case first brought to the WTO in 2003 that U.S. laws barring the placing of bets across states lines by electronic means violated WTO rules.
An April 2005 ruling by the WTO’s Appellate Body, which both sides claimed as vindication, focused on the narrower issue of horse racing, saying that foreign betting operators appeared to suffer discrimination.
Antigua and Barbuda complained the United States had not complied with the decision. The WTO agreed in July 2006 to look into the matter, resulting in the ruling on Thursday.
The United States will decide after the final panel decision ruling in March whether to appeal.
Source: News.com
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