
Antigua & Barbuda’s Ambassador to the WTO Dr. John Ashe told the SUN that the proceedings have a very structured process which is being followed.
The US has declared itself in compliance with the WTO’s original ruling in the dispute and Antigua & Barbuda has challenged that declaration. A WTO panel has been empowered to hear arguments from both sides.
“These arguments are submitted in writing. We have made our submission. The US has made a submission. We have rebutted their submission and the US will rebut our rebuttal, then the panel will formally convene towards the end of this month to hear arguments from both sides,” Dr. Ashe explained.
He noted that the European Union and Japan, as third parties which have declared an interest in the case, will also have the opportunity to submit arguments to the panel.
US authorities have argued that their objections to online gambling operations are based on morality concerns, while Antigua & Barbuda has maintained that America’s attitude is essentially protectionist. Local gaming authorities have pointed to the recent passage of legislation which has the effect of prohibiting US gamblers from using credit cards, cheques and electronic transfers to settle online wagers, as evidence of such protectionism.
Both Director of Gaming Kaye McDonald and Antigua & Barbuda’s attorney in the WTO case Mark Mendel have suggested that the legislation will help to prove Antigua’s point that the US has imposed protectionist measures in contravention of its WTO agreements. They have argued that exceptions provided in the legislation for interstate horseracing and remote gambling and intrastate remote gambling demonstrate the US is being discriminatory in its trade practices.
It is just this argument that Mendel is expected to take before the WTO panel in a matter of weeks. The panel’s review was originally expected to be completed by December, but is now expected in January or February of 2007.
Asked what the next step will be if the panel rules that the US is not in compliance, Ambassador Ashe noted the possibility of trade sanctions. Nevertheless, he acknowledged that such sanctions may hurt Antigua & Barbuda more than they would the US and said that such a decision will eventually need to be made by the political directorate.
Source: Patricia Cambell, AntiguaSun.com