UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES
Document: Recourse by Antigua and Barbuda to Article 22.7 of the DSU
Date: 13 December 2012
Document codes: WT/DS285/25
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

Recourse by Antigua and Barbuda to Article 22.7 of the DSU

 The following communication from the dele gation of Antigua and Barbuda to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 22.7 of the DSU.

 Pursuant to Article 22.7 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (the "DSU") of the (the" WTO"), Antigua and
Barbuda hereby requests authorization by the Dispute Settlement Body of the WTO (the " DSB") to
suspend, with regard to the United States of America (the "United States"), the application of
concessions and obligations under the WTO's Agreement on Trade-Related Aspects of Intellectual
Property Rights (the "TRIPS") on the basis described in this communication.

 On 21 June 2007 Antigua and Barbuda had provided a request () to the DSB
for authorization to suspend the application to the United States of concessions and related obligations
of Antigua and Barbuda under the WTO's General Agreement on Trade in Services (the "GATS") and
the TRIPS as a result of the fa ilure of the United States to im plement the recommendations and
rulings of the DSB in ("DS285"). On 23 July 2007, the United States objected to the level of suspension
proposed by Antigua and Barbuda pursuant to Article 22.6 of the DSU and claimed that Antigua and
Barbuda had not followed the principles and procedur es of Article 22.3 of the DSU in its request. At
its meeting on 24 July 2007, the DSB referred matter to arbitration in accordance with Article 22.6 of
the DSU.

 On 21 December 2007, the Arbitrators determined in document (the
"Award") that Antigua and Barbuda could request authorization from the DSB to suspend the
obligations under Sections 1, 2, 4, 5 and 7 of Part II of the TRIPS at a level not exceeding
US$21.0 million annually. During the course of th e arbitration Antigua and Barbuda had withdrawn
its request to suspend concessions or obligations under the GATS, as on further evaluation this was
considered to be impractical, a conclusion with which the Arbitrators agreed.

 Since the release of Award, Antigua and Barbuda has been working in good faith to obtain a
fair negotiated settlement to DS285 with the Unite d States, but all efforts have proven fruitless.
Article 22.7 of the DSU provides that "the DSB sha ll be informed promptly of the decision of the
arbitrator and shall upon request, grant authoriza tion to suspend concessions or other obligations
where the request is consistent with the deci sion of the arbitrator, unless the DSB decides by
consensus to reject the request". Accordingly, on th e basis of and consistent with the conclusions and
determinations of the Arbitrators in the Award and in accordance with Article 22.7 of the DSU,
Antigua and Barbuda requests authorization fro m the DSB to suspend concessions or other

obligations under the TRIPS, and in particular Sections 1 (Copyright and Related Rights),
2 (Trademarks), 4 (Industrial Designs), 5 (Patents) and 7 (Protection of Undisclosed Information) of
Part II thereof at a level not exceeding US$21.0 million annually.

 Until such time as the United States brings its measures into compliance with the rulings and
recommendations of the DSB in DS285, every year Antigua and Barbuda will notify the DSB of the
suspension of concessions or obligations it intends to adopt and actions it intends to take with respect
thereto prior to bringing those suspensions into force or taking those actions. The notice will also
specify how Antigua and Barbuda proposes to ensure that, in applying the suspension of concessions
and obligations, they will not exceed US$21.0 million per annum.