UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Understanding on
Date: 26 May 2006
Document codes: WT/DS285/16
Complainant: Antigua and Barbuda
Respondent: U.S.
Third parties: Canada, Taiwan, EU, Japan, Mexico, China
Dispute stage: Implementation & Compliance
Agreements cited: Art. VI, VIII, XVI, XVII, XI  Services (GATS)

UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY
OF GAMBLING AND BETTING SERVICES

Agreement between Antigua and Barbuda and 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.

 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 Article 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.

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-frames 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 appoint, 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 all 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.

 Agreed in Geneva on 23 rd 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