UNITED STATES – MEASURES AFFECTING THE CROSS-BORDER SUPPLY OF GAMBLING AND BETTING SERVICES COMMUNICATION FROM ANTIGUA AND BARBUDA
Document: COMMUNICATION FROM
Date: 25 April 2013
Document codes: WT/DS285/26
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
COMMUNICATION FROM ANTIGUA AND BARBUDA
 The following communication is circulated at the request of the delegation of Antigua and
Barbuda.

STATEMENT

Antigua and Barbuda

DISPUTE SETTLEMENT BODY -

Mr Chairman:

Pursuant to Article 21.6 of the DSU, the dele gation of Antigua and Barbuda has requested
that this item be placed on the agenda for today’s meeting of the DSB.

Our request relates to our attempt to k eep the DSB updated on progress in the
implementation of the DSB’s decision in WT/DS 285.

The delegation of Antigua and Barbuda, as the original party to the dispute, has so far not
seen substantial progress on compliance by the United States with the DSB’s decision.

Nor have we seen substantial progress by the United States in achieving a settlement with
Antigua and Barbuda.

Given the long period of time which has elapsed, and the fact that the United States has
settled with other countries that have been third parties in the case, it is worthy of the DSB’s
attention that this matter remains outstanding.

Mr Chairman:

This matter is now ten years old, and the lack of progress in the case is a very disappointing
reality for Antigua and Barbuda.

The long campaign conducted by the United States authorities to shut down the online
gaming industry in Antigua and Barbuda has borne bitter fruit.

An industry that was once the second larges t employer in Antigua and Barbuda, employing
over 5% of the population, now lies in ruin.

Thousands have been made jobless, and many thriving companies have collapsed, due to
actions that this body has ruled to be contrary to world trade rules.

Antigua and Barbuda, the fifteenth smallest economy in the world, has been asked to wait
and to be patient while the world’s largest economy makes up its mind on compliance or
settlement.

While the delegation of Antigua and Barbuda understands that trade disputes sometimes
take a long time to be resolved, we are of the view that in the circumstances of this case, delay
has put the economy of Antigua and Barbuda under a dark cloud.

The negative consequences of this protracted impasse are very real for Antigua and
Barbuda. The destruction of the second largest ec onomic sector, together with the effects of the
economic recession now gripping the world economy, are an existential threat for the economy of
Antigua and Barbuda.

It should be clear that further delay is not an option for Antigua and Barbuda, nor should it
be an option for the DSB.

The delegation of Antigua and Barbuda believes th at delay, on the scale that we have seen
in this case, constitutes an undermining of the very system we are tasked to preserve, and is a
systemic threat to the healthy operation of the DSB.

Mr Chairman:

It is not a secret that WT/DS 285 is regarded as a test case for those member states
seeking to determine whether the DSU can deliver practical and timely benefits for small and
vulnerable economies.

Of course, for the largest economy in the world, delay of a decade or more in the resolution
of this trade dispute is a mere nuisance.

For the DSB, the delegation of Antigua and Barbuda would like to believe that this
protracted delay is extremely worrisome.

At some point, the delegation of Antigua an d Barbuda believes that the DSB will tire of
hearing how all the good faith efforts of the United States to reach a settlement with Antigua and
Barbuda have come to nought.

At some point, the DSB will realize that the cost to the United States of settling with Antigua
and Barbuda could not be what is standing in the way of a final settlement.

Nor could it be that the ‘unrealistic demands’ of the world’s fifteenth smallest economy have
placed an onerous burden on the United States.

Our delegation therefore calls on the United States to explain why it is not yet in a position
to honour the decision of the DSB, or to reach an agreed settlement with Antigua and Barbuda.

Mr Chairman:

After more than five years of patient negotiation, Antigua and Barbuda has come reluctantly
to the view that only utilization of the authorizat ion for cross-retaliation received from the DSB on
28
th January will move this matter forward.

As a party to all the major international conventions that protect the rights of IP
stakeholders, Antigua and Barbuda sees this trade remedy as having far-reaching effects that may
not necessarily be able to be contained.

In fact, we suspect that once that Rubicon has been crossed, all the King’s horses and all the
King’s men may not be able to put Humpty-Dumpty back together again.

So, before we set our foot to that path, we appeal to the United States to make one last
effort at bringing its complex bureaucratic structure to a decision that will avoid unpredictable
consequences.

The delegation of Antigua and Barbuda also appeals to the DSB to realize that justice
delayed is justice denied; and urges closer attention to the systemic issues that surround this case
that threaten the health of the system the WTO has for the resolution of trade disputes.

Thank you.

26
th March 2013
Geneva