Gambling News
"WTO Offshore Gambling Ruling Leaves No Clear Winner"
U.S. has legitimate cause for concern over social problems associated with
gambling.
The long-awaited WTO appellate body, in a ruling last Thursday regarding
the legitimacy of U.S. offshore gambling policies, suggests that neither the
U.S. nor Antigua and Barbuda can claim victory or loss. Most readers of the
verdict say that it actually rules both in favor and against the two parties.
The original WTO decision agreed with Antigua and Barbuda who argued that
the U.S. restrictions against offshore gambling violated international trade
agreements that the U.S. had signed. The U.S. appealed against this on the
grounds that U.S. restrictions on online gambling were necessary in order to “uphold
public morality” and “public order”.
The appellate ruling, while still agreeing with its original findings, added
that the U.S. has legitimate cause for concern regarding the social problems
associated with gambling and the WTO appellate ruling allows the U.S. to maintain
most of its existing online gambling restrictions. Apparently, many of them
can remain in place and the U.S. Trade Representative does not feel the need
to ask Congress to relax its restrictions on the online gambling industry.
Consequently, the U.S. has interpreted the decision as confirmation of its
policies.
One attorney arguing Antigua’s case said that the ruling now permits
U.S. companies to do business with Antigua-based online gambling companies
without fear of prosecution from U.S. legal authorities.
But the WTO’s findings are that U.S. policies are discriminatory, and
they ultimately allow American citizens access to domestic gambling services
more easily than to offshore online gambling services. Antigua and Barbuda
maintain, therefore, that this ruling indicates that U.S. policies do violate
the free trade agreements the U.S. has signed and this obligates the U.S. to
permit offshore gambling.
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