Betting Talk

WTO ruling today btwn U.S. and Antigua.... Bad news

MastermindMastermind Senior Member
edited December 2007 in Sports Betting
More bad news today. WTO basically comes down w/ a weak judgement that favors the U.S. in regards to online gaming. I don't know what effect this will have on the future other than it will make it less likely that the U.S. will repeal the UIEGA, but will keep my eyes and ears open and post anything I find. Hopefully the offshores will be able to keep servicing us for years to come.

WTO Clears $21 Million in Sanctions vs. US

GENEVA (AP) — The United States faces a token $21 million in annual trade sanctions as a result of its online betting ban, the World Trade Organization said Friday in awarding Antigua and Barbuda the right to target U.S. services, copyrights and trademarks.

The decision is a setback for the Caribbean island nation, which sought the right to impose $3.4 billion in retaliatory measures against U.S. commercial services and intellectual property.

Washington acknowledged its Internet gambling restrictions were ruled illegal by the WTO, but argued that Antigua should only be compensated for about $500,000 for lost annual revenue.

The case has drawn the attention of a number of U.S. industries, partly because of the ways Antigua has proposed retaliating against the much larger U.S. economy. Washington's attempt to escape its legal loss by proposing a revision of the WTO's key treaty on trade in services has also fueled interest.

The office of the U.S. Trade Representative noted that Antigua was seeking sanctions worth more than three times the size of its entire economy.

"Antigua's claim was patently excessive," it said in a statement. "The United States is pleased that the figure arrived at by the arbitrator is over 100 times lower than Antigua's claim."

However, the U.S. said it was concerned that Antigua could now violate some American intellectual property rights — which could range from CDs and DVDs to computer software, industrial designs and designer clothing.

The ruling could "establish a harmful precedent for a WTO member to affirmatively authorize what would otherwise be considered acts of piracy, counterfeiting or other forms of ... infringement," the U.S. said.

The U.S. and Antigua cannot appeal Friday's decision.

Realistically, it would have been very difficult for a country the size of Antigua's to implement hundreds of millions of dollars worth of trade sanctions on the U.S. without harming its own economy and the welfare of its citizens. Ecuador was awarded similar retaliation rights in a bananas dispute with the European Union in 2000, but failed to come up with an effective way to introduce countermeasures.

The WTO arbitration panel said it had to adopt its own approach to come up with a fair retaliation figure in view of the wide difference in how the U.S. and Antigua estimated the economic effect of the gambling ban.

"In doing so, we feel we are on shaky grounds," the panel said in an 88-page decision.

Washington stopped U.S. banks and credit card companies last year from processing payments to online gambling businesses outside the country. The decision closed off the most lucrative region in a growing market worth about $15.5 billion last year. About half of the world's online gamblers are based in the U.S.

The arrest in 2006 of two British Internet gambling executives while traveling through the United States also highlighted the U.S. government's escalation of its battle against the industry.

The WTO, however, upheld in March previous rulings striking down the U.S ban.

The trade body found that the U.S. had the right to prevent offshore betting as a means of protecting public order and public morals. But it said Washington was violating trade law by targeting online gambling without equal application of the rules to American operators offering remote betting on horse and dog racing.

Antigua, the smallest country to successfully litigate a case in the WTO's 12-year-history, had hoped the ruling would lead the U.S. to revoke the restrictions.

The former British colony of about 80,000 people had been promoting electronic commerce as a way to end the country's reliance on tourism, which was hurt by a series of hurricanes in the late 1990s. There are 32 licensed online casinos in Antigua, employing 1,000 people and generating a yearly revenue of around $130 million. Seven years ago, its casinos had an annual income closer to $1 billion.

But Washington responded to its legal defeat by announcing it would take the unprecedented step of revising the conditions under which it signed the WTO's 1994 General Agreement on Trade in Services, or GATS. That allowed a number of countries to seek compensation under a separate process.

The U.S. has since agreed on deals with the 27-nation European Union, Canada and Japan to change the treaty — but has failed to do so with Antigua, Costa Rica, India and Macau.

Until it gains the approval of all 151 members of the WTO, the U.S. online betting ban is illegal under international trade rules. As a result, Antigua will have the right to penalize U.S. services and intellectual property until the U.S. government either permits Americans to gamble over foreign-based sites or eliminates exceptions for off-track betting on horses, including over the Internet.

British gambling companies — which bankrolled Antigua's efforts and heavily lobbied Brussels for tough action — were disappointed earlier this week when the EU announced that it had received some minor U.S. trade concessions in exchange for accepting the U.S.-proposed revision to the GATS.

The deal fell far short of the $100 billion in new commercial opportunities the Internet gaming sites claimed the United States owed.

Comments

  • RightAngleRightAngle Admin
    edited December 2007
    The U.S. seems to be getting off too easy here. Hopefully some good news will follow soon. It sounds like the legalization and regulation of online poker is getting a lot of momentum lately. I suspect it will happen in 2009, probably on a state by state basis. Sports, could be a while, if ever.
  • MastermindMastermind Senior Member
    edited December 2007
    The U.S. is ABSOLUTELY getting off way too easy. The EU and Antigua should be getting billions in compensation if they are not allowed in U.S. The violations of free trade are clear cut. I cannot understand how we, the U.S., continue to get away w/ what we have in regards to online gaming. I hope you are right about online poker. I have heard some positive things about it too, but I tend to believe it will take 5 to 7 more years. Sports betting has been vilified for so long. I don't see it legalized for at least 20 years at earliest. I think the future leaders of the country will be more accepting than they are now.

    This weeks APCW Perspectives video on Youtube still gives us some hope. Its worth taking a look at.
  • DragonswirlDragonswirl Senior Member
    edited December 2007
    As to sports, isn't Delaware looking to dip their toe in the water?

    Could be interesting if Delaware legalizes an internet option. Then they could be the king of Corporate Organization and Sports.

    Well one can hope.

    Regards,
  • ReznorReznor Senior Member
    edited December 2007
    I think America owes us, not Antigua, billions for all of the money we would have won.
  • doggie29doggie29 Senior Member
    edited December 2007
    so lets see our government is now gonna pay 21 million dollars of tax payers dollars a year to Antigua to keep the ban in place. Yeah that makes sense. Unreal how fuckin corrupt our government truly is.
    Well at least one thing is good on that ruling and that is where they say the ban is illegal until the US changes their policy.
  • MastermindMastermind Senior Member
    edited December 2007
    Yep.. pretty sad. What's worse is it should've been at least a few billion between the EU and Antigua. Imagine if they would've have had to deal w/ that chunk just to keep us away from the immorality of online gaming. Of course I'm sure we would've just broken the agreement anyway if it had been billions. Twenty one million is chump change.
  • homerplayerhomerplayer Senior Member
    edited December 2007
    once government figures out how to have cake and it too, online will be legal, and will explode. i don't see how they will make it legal and regulate, thus generating billions in revenue yearly (yeah, the government is going to get bigger:angry: ) but then still keep a ban in place offshore. they, and Vegas, want this to happen for the $$$$$$$.

    but what will keep American dollars here as opposed to going offshore once it is legalized in Vegas? these slimy fuckers will find a way.....aren't we lucky they are here to save us from ourselves?
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