WORLD TRADE  
ORGANIZATION  WT/DS285/16 
26 May 2006 
 
 (06-2529) 
 Original:   English 
  
 
UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY 
OF GAMBLING AND BETTING SERVICES 
 
Agreement between Antigua and Barbuda a nd the United States Regarding  Procedures 
 
under Articles 21 and 22 of the DSU  
 
 
 The following communication, dated 24 May 2006, from the delegations of Antigua and 
Barbuda and the United States to the Chairman of th e Dispute Settlement Body, is circulated at the 
request of these delegations. 
 
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   The Dispute Settlement Body (the "DSB") of the World Trade Organisation (the "WTO") adopted its recommendations and rulings in this dispute on 20 April 2005. 
 
 On 19 August 2005 the Arbitrator appointed pursuant to Article 21.3(c) of the Understanding 
on Rules and Procedures Governing the Settlement of Disputes  (the "DSU") issued its award, granting 
the United States a reasonable period of time of  11 months and two weeks to implement the 
recommendations and rulings adopted by the DSB (W T/DS285/13).  The reasonable period of time 
for implementation elapsed on 3 April 2006.  On 10  April 2006, the United States informed the DSB 
that it had implemented the DSB’s recommendati ons and rulings.  Antigua and Barbuda then 
informed the DSB that, in its view, the United St ates had not implemented the recommendations and 
rulings of the DSB and the United States remained  out of compliance with the United States' WTO 
obligations.   
 
 Given the disagreement between Antigua and Ba rbuda and the United States (collectively, the 
"Parties") within the meaning of Article 21.5 of the DSU, as to the existence or consistency of 
measures  taken by the United States to comply with th e recommendations and rulings of the DSB, the 
Parties have agreed on the following procedures for purposes of this dispute:   
1. If Antigua and Barbuda deems it appropriate to invoke Article 21.5 of the DSU, Antigua and 
Barbuda will request consultations, which the Partie s agree to hold within 15 days from the date of 
circulation of the request.   2. After the 15-day period referenced in paragr aph 1 has elapsed, Antigua and Barbuda may 
request the establishment of a panel pursuant to Ar ticle 21.5 of the DSU (the "compliance panel").  
 3. At the first DSB meeting for which Antigua a nd Barbuda's request for the establishment of a 
compliance panel appears on the agenda, the Unite d States will accept the establishment of the 
compliance panel.  WT/DS285/16 
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  4. The Parties will cooperate to enable the comp liance panel to circulate its report within 
90 days of the panel's establishment, excluding su ch time as the compliance panel's work may be 
suspended pursuant to Article 12.12 of the DSU. 
5. In case of an appeal of the compliance panel re port, the Parties will cooperate to enable the 
Appellate Body to circulate its report within 90 days  from the date of notification of the appeal to the 
DSB. 
6. With respect to the adoption of the panel a nd Appellate Body reports in the Article 21.5 
proceedings, the parties recognize that the time-fra mes of Articles 16.4 and 17.14 of the DSU apply . 
7. In the event that the DSB finds that the United States has failed to comply with the 
recommendations and rulings of the DSB or that a m easure taken by the United States to comply with 
the recommendations and rulings of the DSB is inc onsistent with a covered agreement, Antigua and 
Barbuda may request authorization to suspend conc essions or other obligations under Article 22.2 of 
the DSU.  Antigua and Barbuda will not request authorization to suspend concessions or other 
obligations under Article 22.2 of the DSU until th e adoption by the DSB of its recommendations and 
rulings in the DSU Article 21.5 proceeding.  If, in the light of these recommendations and rulings, 
Antigua and Barbuda decides to seek authorization from the DSB for the suspension of concessions or 
other obligations under Article 22.2 of the DSU, the United States will not assert that Antigua and 
Barbuda is precluded from obtaining such authoriz ation because its request was made outside the 
time-period specified in Article 22.6 of the DSU.  Th is is without prejudice to the United States' right 
to have the matter referred to arbitration in accordance with Article 22.6 of the DSU. 
8. If Antigua and Barbuda requests authorization to suspend concessions or other obligations 
pursuant to Article 22.2 of the DSU, and if the Un ited States objects under Article 22.6 of the DSU to 
the level of suspension of concessions or other obl igations and/or claims that the principles and 
procedures set forth in Article 22.3 of the DSU have  not been followed, the matter will be referred to 
arbitration pursuant to Article 22.6 of the DSU.  
9. The Parties will cooperate to fac ilitate the participation of the or iginal panelists in the dispute 
in the compliance panel and the DSU Article 22.6 arbitration. 
10. If any of the original panelists is not availabl e either for the compliance panel or for the DSU 
Article 22.6 arbitration, or both, the Parties will promptly consult on a replacement and either Party 
may request the Director-General of the WTO to a ppoint, within 10 days of the request, a replacement 
for the proceeding or proceedings in which such a re placement is required.  If an original panelist is 
unavailable to serve in either of the proceedings, the Parties will further request that the Director 
General seek a person who will also be available to act in both proceedings. 
11. The Parties agree to continue to cooperate in a ll matters referred to in these agreed procedures 
and not to raise any procedural objection to any of the steps set out herein.  If, during the application 
of these procedures, the Parties consider that a pro cedural aspect has not been properly addressed they 
will endeavour to find a solution within the shortest time possible that will not affect the other agreed 
procedures. 
12. These agreed procedures in no way prejudice other rights of either party to take any action or 
procedural step to protect its rights and interests, including the activation of any of the provisions of the DSU.  WT/DS285/16 
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 Agreed in Geneva on 23rd May 2006. 
   
For Antigua and Barbuda 
  
(signed) 
Dr. John W. Ashe 
Ambasador 
Permanent Delegation of  Antigua and Barbuda 
to the World Trade Organisation  For the United States 
  
(signed) 
Steven F. Fabry 
Chargé d'Affaires, a.i. 
Permanent Mission of the United States 
 to the WTO 
  
 
 
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