Antigua & Barbuda To Send Delegation To US Internet Gaming Appeal

by Amanda Banks, Tax-News.com, London

15 February 2005

Dr. Errol Cort, Antigua & Barbuda’s Minister of Finance and the Economy, will next week lead a delegation to the Appellate Body of the World Trade Organization, which is hearing an appeal by the United States against the findings of the WTO Panel in favour of Antigua and Barbuda in the long-running dispute concerning internet gaming access in the US.

The hearing is the end result of a process that was triggered when the US filed a ‘Notice of Appeal’ in early January against last year’s decision.

“Their action then set in motion a series of submissions by our legal team and theirs to the WTO Appellate Body, which has appointed three of its members to hear the oral arguments from both sides on February 21-22,” explained Dr Cort, who added that other WTO members have also taken an active part in the proceedings as ‘third participants’.

A statement released by the Antiguan government on Monday revealed that the country’s gaming officials are “very confident” that the gaming industry in Antigua and Barbuda operates legally and can serve as a model for other countries.

Antigua and Barbuda brought the case to the WTO in 2003, arguing that by restricting the internet gambling activities of US citizens, the United States was unfairly damaging the jurisdiction's economy, in contravention of the General Agreement on Trade and Services (GATS).

“Despite the huge financial costs, our authorities have strengthened the mechanisms for regulating the international financial services sector and bolstered our money laundering laws,” observed Kaye MacDonald, Director of Gaming at the Financial Services Regulatory Commission’s Division of Gaming.

“Antigua and Barbuda has also met the deadlines for the security systems of its ports, as mandated by the US Patriot Act,” she added.

Both the Antiguan and the American delegations will be invited to submit comments at an oral meeting, after which both parties may be asked to submit further testimony in writing. The panel will then issue its decision in the next 30 to 45 days.

Should WTO officials find in favour of Antigua & Barbuda, a final report of the Appellate Body will be presented to the wider WTO membership for adoption.

The US will then be expected to conform to the relevant laws on Internet gaming as recommended by the Appellate Body.

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