Settlement Body 24 June 2003
Antigua and Barbuda request panel against US on gambling and betting
On 24 June 2003, Antigua and Barbuda made its first request for the establishment of a panel to look at the United States' measures affecting the cross-border supply of gambling and betting services (DS285).
This summary has been prepared by the WTO Secretariat’s Information and Media Relations Division to help public understanding about developments in WTO disputes. It is not a legal interpretation of the issues, and it is not intended as a complete account of the issues. These can be found in the reports themselves and in the minutes of the Dispute Settlement Body’s meetings.
The US reported that it had concluded a temporary arrangement with the European Communities. The US said that it would make a payment of $3.3 million to the EC, to a fund for the promotion of authors' rights. The arrangement covered a three-year period, beginning 21 December 2001, it added.
The EC expressed their satisfaction but reminded the US that they expected
it to comply with the ruling.
Australia expressed concerns about the discriminatory nature of the compensatory arrangement.
The US said that legislation repealing the 1916 Act and terminating all pending cases had been introduced in the Senate on 19 May 2003. The US also mentioned previous bills repealing the 1916 Act introduced in the House of Representatives.
The EC welcomed the introduction of repealing bills, especially the one also terminating the pending litigation. The EC recalled however that the situation was similar one year ago: three repealing bills had been introduced in Congress.
Japan urged the US to pass in Congress repealing bills with proper
retroactive effect. Japan also reminded the US of Japan's right to suspend
concessions or other obligations.
DS176: United States — Section 211 Omnibus Appropriations Act of 1998
The US stated that the US Administration continued to work with Congress to resolve this dispute.
The EC mentioned a positive move not reflected in the US status report: a bill ensuring an effective protection of intellectual property rights both in Cuba and the US that was introduced in Congress. The EC said that the bill would, inter alia, repeal Section 211.
Cuba complained that it had now been waiting for more than a year and four months for US' compliance. Cuba asked the US to comply by the second deadline which had been granted to it, i.e. by 30 June 2003.
DS184: United States — Anti-dumping measures on certain hot-rolled steel products from Japan
The US said that the US Administration was supporting the passage in Congress of specific amendments to the US antidumping duty law that would implement the DSB recommendations and rulings.
Japan noted with concern that no amendment to the relevant US statute had so far been introduced in Congress and urged the US to strengthen its efforts.
DS211: Egypt — Definitive anti-dumping measures on steel rebar from Turkey
Egypt said that its investigating authority had re-examined its dumping
calculations for two Turkish companies. Egypt added that it had submitted
its revised injury and dumping assessment to the interested parties.
Turkey said that it had received the information and that it hoped that Egypt would take its questions and comments into account. Turkey also hoped that Egypt would implement in a timely manner.
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Korea — Measures affecting trade in commercial vessels
The EC requested for the first time the establishment of a panel to look at Korea's measures affecting trade in commercial vessels. The EC said that Korea had granted since 1997 and continued to grant substantial amounts of export and actionable subsidies. The EC added that these practices were threatening the very existence of competitive European yards even in market sectors where Europe had traditionally been in a leadership position.
Korea answered that it had not provided any subsidies inconsistent with the WTO Subsidies Agreement. Korea said that in the wake of the Asian financial crisis, which began in 1997, the IMF and the World Bank had provided Korea with emergency bailout loans, and that the Korean government had pursued policies, as part of IMF conditionality, designed to overcome its economic problems.
A panel was not established as Korea used its right to block the first
request and the EC agreed not to have recourse to the accelerated dispute
procedure available under the Subsidies Agreement.
DS285: United States — Measures affecting the cross-border supply of gambling and betting services
Antigua and Barbuda requested for the first time the establishment of a panel. Antigua and Barbuda complained that the US prohibited all cross-border supply of gaming services and thus hurt the island's internet gaming industry, on which it relied for employment and government revenues. Antigua and Barbuda argued that this was contrary to the US' WTO commitments in services.
The US responded that it had no commitments on cross-border gambling and betting services. The US added that it prohibited cross-border gambling and betting from domestic and foreign service suppliers alike because of the social, psychological dangers and law enforcement problems that they created.
The US blocked the establishment of a panel.
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The DSB will meet on 21 July 2003.
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