GENEVA (AP) -- The United States has
failed to comply with a ruling that it
illegally restricts Internet gambling
sites based overseas, the World Trade
Organization said Friday, opening the door
to possible commercial sanctions unless
Washington changes its rules governing
online betting.
In a 215-page decision, a three-member WTO
compliance panel sided with Antigua and
Barbuda in ruling that Washington had
failed to change legislation that unfairly
targets offshore casinos. The Geneva-based
trade referee has said Washington can
maintain restrictions on online gambling,
as long as its laws are equally applied to
American operators offering remote betting
on horse racing.
Shares in London-listed gaming stocks rose
after the announcement. Leisure & Gaming
PLC closed up 11 percent at 19.75 pence
(38.9 U.S. dollars; 29.1 euro cents),
while PartyGaming PLC was 4.5 percent
higher at 52.25 pence (10.2 U.S. cents;
7.7 euro cents), after initially surging
by 16 percent. 888 Holdings PLC lifted 3
percent to 124.75 pence (US$2.46;
euro1.85).
''It vindicates all that we have been
saying for years about the discriminatory
trade practices of the United States in
this area, and we look forward to the
United States opening its markets,''
Antiguan Finance Minister Errol Cort said
in a statement.
Washington claimed victory in the WTO's
initial ruling two years ago because the
body recognized its right to prevent
offshore betting as a means of protecting
public order and public morals. But the
U.S. acknowledged Friday that the latest
decision was a setback.
''The compliance panel did not agree with
the United States that we had taken the
necessary steps to comply with the WTO
recommendations,'' said Gretchen Hamel, a
spokeswoman for the office of the U.S.
Trade Representative. She added, however,
that ''nothing in the panel's report
undermines the broad, favorable results
that the United States obtained from the
WTO in April 2005.''
Washington still has yet to say if it will
appeal the compliance panel's findings. A
final ruling upholding Antigua's claims
would allow the twin-island nation to seek
trade sanctions on the United States for
its failure to comply.
To avoid the penalties, the U.S.
government would then have to either
permit Americans to gamble over
foreign-based sites or eliminate
exceptions for off-track betting on
horses, including over the Internet, as
permitted under the 1978 Interstate
Horseracing Act.
Nevertheless, it appears unlikely that the
U.S. will ease access to companies with
servers licensed in the nation of 80,000
people -- whose legal efforts were largely
bankrolled by British-owned Internet
gambling operators.
The U.S. Congress caught the industry by
surprise last year when it added a
provision to a bill aimed at improving
port security that would make it illegal
for banks and credit card companies to
settle payments to online gambling sites.
President George W. Bush signed it into
law on Oct. 14.
The decision closed off the most lucrative
region in a market worth US$15.5 billion
(euro11.6 billion) last year. Several
British-based Internet gaming companies
and a handful in Europe and Australia
subsequently sold off or shut down their
U.S. operations, losing around 80 percent
of their combined business in the process.
The arrest last year of two British
Internet gambling executives while
traveling through the United States also
highlighted the U.S. government's
escalation in its battle against the
industry.
Peter Dicks, the former chairman of
Sportingbet, was detained in New York but
released after New York Gov. George Pataki
declined to sign a warrant extraditing him
to Louisiana, where he was wanted on
charges of illegal online gambling. Former
BetOnSports PLC Chief Executive Officer
David Carruthers remains under house
arrest in the St. Louis area awaiting
trial on federal charges from the U.S.
attorney's office based on the 1961 Wire
Act.
Antigua filed its case in 2003, contending
that U.S. restrictions on Internet
gambling violated trade commitments the
United States made as a member of the WTO.
U.S. trade officials disagreed, saying
that negotiators involved in the Uruguay
Round of global trade talks clearly
intended to exclude gambling.
Antiguan authorities also argued that
restrictions barring U.S. residents from
betting at offshore casinos were harming
efforts to diversify its economy. Antigua,
a former British colony in the Caribbean,
had been promoting electronic commerce as
a way to end the country's reliance on
tourism, which was hurt by a series of
hurricanes in the late 1990s.
There are 32 licensed online casinos in
Antigua, employing 1,000 people and
generating yearly revenue of around US$130
million (euro97 million). Seven years ago,
its casinos had annual income closer to
US$1 billion.
Antigua is the smallest country to
successfully litigate a case in the WTO's
12-year history
The complete
WTO report (PDF)