Negotiations between the US and the EU over compensation for the former's withdrawal
from its WTO commitments on gambling took a step forward last week when EU Trade
Commissioner Peter Mandelson visited Washington for meetings on "Transatlantic
Economic Cooperation."
Mandelson met US Trade Representative Susan Schwab and Representative Barney
Frank (D-MA), who has been leading so far abortive efforts in the Congress to
modify the Unlawful Internet Gambling Enforcement Act, passed in 2006, which
prohibits the use of payment instruments by financial institutions to handle
the processing of any form of internet gambling that is illegal under US federal
or state law.
It was this law which led to the collapse of many global gaming operations.
When the US then withdrew from its WTO commitment after the WTO had ruled against
it, Antigua and a number of other countries, including the EU, applied to the
US for billions in compensation, due under WTO rules.
Under WTO procedures, and following two failed negotiations, the US now has
until 14 December to respond to the compensation demands with an offer of its
own. If the talks fail again, the EU and its allies, including India, Costa
Rica, and Canada, can demand binding arbitration.
"When a member of the WTO defaults on its commitments, compensation is
due," said Mandelson, European Union Trade Commissioner in an interview
with Reuters. "That's the case of online gambling."
Barney Frank introduced legislation into the House of Representatives in April
that would create an exemption to the ban on online gambling for properly licensed
operators, allowing Americans to lawfully bet online. The Internet Gambling
Regulation and Enforcement Act of 2007 would establish a federal regulatory
and enforcement framework to license companies to accept bets and wagers online
from individuals in the US, to the extent permitted by individual states, Indian
tribes and sport leagues. All such licenses would include protections against
underage gambling, compulsive gambling, money laundering and fraud.
“The existing legislation is an inappropriate interference on the personal
freedom of Americans and this interference should be undone,” said. Rep.
Frank, who is Chairman of the House Financial Services Committee.
"I think Representative Frank takes a fair-minded, common sense approach
to this and we look forward to that being effective legislation," said
Mandelson. But the bill has floundered so far.
The talks last week were said to have been constructive, but if there is to
be a legislative solution to the problem, it will probably come about only because
of the prospective tax winnings for the US Treasury from a regulated Internet
betting sector, estimated to bring in tens of billions of dollars at a time
when Democrats are desperately casting about for ways of financing abolition
of the AMT which won't end up in George Bush's wastebin.