[A2k] WTO news release on DS285 - United States — Measures Affecting the Cross Border Supply of Gambling and Betting Services: Statement by Antigua and Barbuda

Thiru Balasubramaniam thiru at keionline.org
Mon Nov 28 23:31:36 PST 2016


https://www.wto.org/english/news_e/news16_e/dsb_23nov16_e.htm


*DS285* <https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds285_e.htm>*:
United States — Measures Affecting the Cross Border Supply of Gambling and
Betting Services: Statement by Antigua and Barbuda*

Antigua and Barbuda noted that 12 years had passed since the US had been
found to be in violation of its obligations under the General Agreement on
Trade in Services (GATS) in this dispute. Over that period Antigua, a
country with a GDP of less than $1 billion, had been deprived of trade
revenue worth $250 million. This had significantly retarded Antigua’s
economic growth and development. Despite good faith consultations on its
part, the US had not proposed settlement terms that would offset the harm.
All WTO members, it said, should be concerned with the continued
non-compliance of the US in this dispute.

Antigua and Barbuda said it was currently engaged in their final
discussions with the US to resolve this matter. However, if a settlement
was not reached before the end of 2016, Antigua would have to resort to the
suspension of copyright on the sale of US intellectual property, consistent
with the award by the DSB.

The United States said it remained committed to resolving this matter, but
that it was disappointed that Antigua and Barbuda had characterised the US
as having acted in bad faith when the US had taken a constructive approach
to resolving the matter. The US said it had, on multiple occasions,
attempted to settle this dispute. The US also put forward a package of
service concessions as compensation for removing internet gambling from the
US schedule of commitments. Antigua and Barbuda was the only member
blocking the US from completing this process.

The US said it looked forward to future engagement with the country’s new
government. Relating to Antigua and Barbuda’s proposed plan for suspension
of benefits, the US said it would review this carefully and expected
Antigua to ensure any suspension was transparent and within the DSB’s
authorisation. However, the US noted that such suspension of intellectual
property rights would be counter to Antigua and Barbuda’s own interests and
urged it to reconsider before taking this unprecedented step.

Venezuela, Argentina, Jamaica, Dominica (on behalf of the Organisation of
Eastern Caribbean States) and Cuba expressed support for Antigua and
Barbuda’s statement and urged the US to come into conformity with its WTO
obligations.



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