Tuesday, March 27, 2007

U.S. Ignores W.T.O Internet Poker Ruling.

In 2004 Antigua sued the U.S. in the World Trade Organization complaining that federal attempts to prevent financial institutions from transferring funds to internet gambling sites violated WTO violated international trade standards. Antigua won when the WTO ruled US’s casino policies violated international trade standards since casino gambling was allowed in America


In this case, we came to the conclusion that the US measures at issue
prohibit the cross-border supply of gambling and betting services in the United
States in a manner inconsistent with the GATS. We so decided, not because the
GATS denies Members such a right but, rather, because we found, inter alia,
that, in the particular circumstances of this case, the measures at issue were
inconsistent with the United States' scheduled commitments and the relevant
provisions of the GATS.

The United States has failed to comply with this ruling prompting a complaint to the WTO

The government of Antigua and Barbuda has sent a written complaint to US
Trade representative Rob Portman, claiming that he had exerted no effort to
modify America’s online casino gaming policy to comply with the WTO ruling

This is hypocritical behavior for a nation that proposes to believe in the rule of law.


Note: Word Trade Association Downloads the entire file

4 comments:

Scott Erb said...

The WTO website has a good summary of the dispute so far. I think you'll have to cut and paste this in sections because I can't figure out how to post a link into the comment, and if I just put it on one line it's not legible:
http://www.wto.org/english/tratop_e/
dispu_e/cases_e/ds285_e.htm

Breeze Denotsko said...

March 29th WTO finds USA in VIOLATION. Woopee now the two small nations whos economy is being crushed by this illegal law, now have some footing to trya nd sanction the USA...GOOD LUCK

The FarOutFish Files said...

One possible retribution is for Antigua to declare it no longer recognizes U.S. patent law and start selling Microsoft programs at a discount price. This would bring the failure of America to abide by International Trade law into sharp focus

offshoreXplorer.com said...

It was big news in the online gaming world. Antigua bested the US in a
case brought before the World Trade Organization (WTO). The US appealed
and still the WTO ruled against them. Although the US assured the WTO
they would comply, they have yet to do so. Ron Z. Mendelson, director
of OffshoreXplorer.com, had this to say, "Not only has the US failed to
comply with the WTO ruling, they seem to have gone the other way. They
have even gone so far as to arrest foreign citizens on US soil on
charges that relate to the online gaming industry."

With the US failing to implement the changes required by the WTO, they
have now asked for help from the WTO with regards to a dispute between
them and China. The US feels China is imposing charges that unfairly
discriminate against imported auto parts and that they are in violation
of their WTO obligations. This sounds very much like the charges
brought against the US in their dispute with Antigua.

"The question is," says Mendelson, "why does the US think they can
ignore a ruling made against them and then expect aid in a similar case
when they feel they have been the ones who were wronged. It seems as
thought they want to have their cake and eat it too."

It is clear that the US has its own agenda when it comes to the online
gaming industry. However, it seems that they are not willing to respect
a system that has been set up to help ensure fair and equitable trade
across international borders. It seems they are only interested in the
rulings of the WTO when it is to their benefit. When it isn't, it is
simply ignored.

There is always the option of revoking the US WTO membership
altogether, but considering the US is the foremost international trader
in the world this is hardly the answer to the problem. It would be more
beneficial to get the point across by requiring the US to meet all the
obligations set forth by the WTO and settles once and for all the
conditions resulting from the dispute with Antigua. Until this happens,
they should not be given aid in their own dispute with China. Let them
show their respect for the WTO and the global community in order to
prove they are worthy of the aid they have requested. Otherwise, they
will only receive the message that they are free to use and abuse the
WTO's rulings, recommendations, and regulations and this hardly seems
fair.

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Established in 1999, privately held OffshoreXplorer.com serves large
and small organizations throughout North America, Europe and Asia with
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Ron Z. Mendelson, director of OffshoreXplorer.com, is an expert in
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protection, foreign asset protection, international business
corporations, worldwide investing, global banking, offshore online
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Contact:

Ron Z. Mendelson
Director
offshoreXplorer.com
1 888 249 9430
http://offshorexplorer.com

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