Re: FINALLY, SOME GOOD RELEVANT ONLINE GAMBLING NEWS!!!
Is there a JC in the house? :+clueless
Is there a JC in the house? :+clueless
FINALLY, SOME GOOD RELEVANT ONLINE GAMBLING NEWS!!!
- Thread starter THE SHRINK
- Start date
Re: FINALLY, SOME GOOD RELEVANT ONLINE GAMBLING NEWS!!!
I disagree...
This is close to a best case scenario.
When the WTO ruling against the US came out, many people speculated that there might be retaliation by Antigua with the support of the UK or other countries.
That may be exactly what happens next and Antigua will not go away...
munson,
wishful thinking...
not gonna happen...
I disagree...
This is close to a best case scenario.
When the WTO ruling against the US came out, many people speculated that there might be retaliation by Antigua with the support of the UK or other countries.
That may be exactly what happens next and Antigua will not go away...
munson,
wishful thinking...
not gonna happen...
Re: FINALLY, SOME GOOD RELEVANT ONLINE GAMBLING NEWS!!!
Yep it's not like they forgot the deadline and made a mistake. They will ignore it, untill maybe Antigua tries to take action against copyrights or something else. Then our hooligans will really start some "war on gambling!" bullshit, and start cracking down more. Maybe this will be good news. Maybe the US has realized their mistake and are just too embarassed to settle this through the WTO and will do away with it themselves at a later time. It's a possibility. Just get me through baseball season.
Yep it's not like they forgot the deadline and made a mistake. They will ignore it, untill maybe Antigua tries to take action against copyrights or something else. Then our hooligans will really start some "war on gambling!" bullshit, and start cracking down more. Maybe this will be good news. Maybe the US has realized their mistake and are just too embarassed to settle this through the WTO and will do away with it themselves at a later time. It's a possibility. Just get me through baseball season.
Woody
EOG Veteran
Re: FINALLY, SOME GOOD RELEVANT ONLINE GAMBLING NEWS!!!
I remarked earlier, mostly in jest, that the US might have to send the 101st airborne into Antigua.
However if Antigua is allowed to suspend their IP (intellectual property) agreement under the WTO, should the US refuse to provide any compensation which is their current argument, I wouldn't take invasion off the table.
Considering how much of an international pariah the US has become since 2000 such an action is not inconceivable. It would fit the Bush pre-emptive stike doctrine against a nation that threatens US national security.
Hopefully saner heads will prevail but they are absent in the administation and thin on the ground in Congress.
There is no doubt that this whole issue has ramifications that extend far beyond the narrow confines of remote gambling. Online gambling looks like such a minor issue compared to the trade disruptions it could possibly spawn.
I remarked earlier, mostly in jest, that the US might have to send the 101st airborne into Antigua.
However if Antigua is allowed to suspend their IP (intellectual property) agreement under the WTO, should the US refuse to provide any compensation which is their current argument, I wouldn't take invasion off the table.
Considering how much of an international pariah the US has become since 2000 such an action is not inconceivable. It would fit the Bush pre-emptive stike doctrine against a nation that threatens US national security.
Hopefully saner heads will prevail but they are absent in the administation and thin on the ground in Congress.
There is no doubt that this whole issue has ramifications that extend far beyond the narrow confines of remote gambling. Online gambling looks like such a minor issue compared to the trade disruptions it could possibly spawn.
Re: FINALLY, SOME GOOD RELEVANT ONLINE GAMBLING NEWS!!!
A great new read in TODAY'S ANTIGUA SUN....
When is a major entity like the WSJ going to cover this? :+clueless
<TABLE cellSpacing=1 cellPadding=1 width="100%" bgColor=#ffffff border=0><TBODY><TR><TD vAlign=top align=left>Antigua & Barbuda and the WTO
</TD></TR><TR><TD vAlign=top align=left>Thursday May 24 2007
</TD></TR><TR><TD vAlign=top align=left height=5></TD></TR><TR><TD vAlign=top align=left>
written by Ronald Maginley
Over the last two weeks, I have been called upon by a number of people in the media to air my thoughts on the news that the US now intends to rescind its consent under the GATS, which allowed for unrestricted access for the cross border supply of gambling services. This unprecedented action by the US has far reaching consequences to not only our Internet gaming industry and our economy, but perhaps more importantly to the very issue of global free trade.
For those of you who are not familiar with Antigua & Barbuda’s long standing case against the US at the WTO, here is a quick summary. In 2003, Antigua & Barbuda filed a case with the WTO claiming that the US, contrary to promises made in the 1990s under the GATS, was enacting measures to prevent gaming companies in Antigua & Barbuda from supplying services to US citizens.
The DSB, in ruling in favour of Antigua & Barbuda, found that the US was applying rules to “foreign” suppliers of gambling and betting services that were not applied in equal measure to domestic US companies. By acting in this manner the US was found to be in contradiction to its commitment under Article XIV of the GATS to Antigua & Barbuda, and was directed to bring its laws into conformity with its commitments. Specifically the WTO required the US to amend three pieces of legislation. These were the Wire Act, the Travel Act and the Illegal Gambling Business Act.
At the heart of attempts at restricting or prohibiting Antigua & Barbuda’s access to the US market, has been an attack against all financial institutions such as banks and credit card companies, from providing services to the industry. First requiring that all gaming transactions be encoded with a “7995” merchant transaction identification, several attempts have been made at enacting legislation to completely ban Antigua’s access to the US market. Such attempts culminated in the passage last year of the Unlawful Internet Gambling Enforcement Act
(GovTrack: H.R. 4411 [109th]: Text of Legislation).
This legislation which was sponsored by Senator James Leach and which was attached to the Safe Port Act, makes it illegal for any US financial institution to send money to or from a gaming company in Antigua. The impact of this legislation cannot be minimised.
With its passage on 11 July 2006, most of the publicly traded gaming companies saw stock values drop by a third. Others simply ceased to exist as US financial companies cut off access to their services, effectively removing up to 90 per cent of the customer base for many companies.
With US citizens now banned from using their credit cards to fund their gaming accounts, companies such as World Wide Tele Sports (WWTS aka BetCorp), went from riches to rags, and was forced to delist from the AIMS (London). Snapped up for peanuts by the Canadian giant BoDog, other giants of the industry such as Bet-On-Sports (BOS) closed its doors laying off almost 1,500 people (approximately 60 in Antigua).
Payment portals such as the giant NetTeller PLC, were forced to cut services to gaming companies after its founders were arrested and charged with crimes related to the use by US citizens of their E-Cash system to fund gaming accounts (Bloomberg.com: U.K.).
In examining the NetTeller case, it is perhaps interesting to note that the company was hoping to delay the implementation of the Unlawful Internet Gambling Enforcement Act, until the required regulations were issued in July 2007. The action of the Department of Justice (DOJ) however, was a clear indication of the US’s intent to strictly enforce the gambling payment ban.
As if further evidence was required in regard to the US’s position on our WTO case, I-Gaming News led with a headline on 21 May that read, “US Department of Justice Seize Funds from Payment Processor”. Reporting that the DOJ had seized almost US$10 million which was thought to be funds held in reserves for gaming companies by Citadel, (one of the largest credit card processors in the US) the American government has declared war on Antigua’s gaming industry.
In what is perhaps a clear message to the government of Antigua & Barbuda about the US government’s intentions, in addition to taking action against some of the largest e-commerce financial service providers, the US is also beginning to target our offshore financial services sector.
In what is a continuation of measures that led to a financial advisory against Antigua & Barbuda in 1999, a new bill entitled “Stop Tax Haven Abuse Act” (S.681), has been tabled in the US Senate. Stating that the Bill’s purpose is to stop the flight of US capital to offshore jurisdictions such as Antigua, we are featured prominently on page eight, under the section entitled “Initial List of Offshore Secrecy Jurisdictions”.
With measures that would seek to force tax havens to make full disclosure of US citizens accounts (including trust accounts); and with penalties that could make Antiguan citizens subject to charge in the US for aiding and abetting, I wonder what will happen to future requests by the US under the Mutual Legal Assistance Treaty (MLAT).
The sad part of our government’s rush to impose an IMF taxation programme, and in particular the Personal Income Tax (PIT), and then to criminalise its evasion, has opened a new and welcomed door for the IRS.
In the past, requests for information related to allegations of tax evasion by US citizens for accounts held in our offshore banks, could be refused by Antigua & Barbuda. The basis for this refusal is that requests for information under the MLAT, was dependent on both the US and Antigua & Barbuda having similar offences. In other words, a request from the US in relation to possible income tax evasion by US citizens and corporations, would be refused because we had no income tax.
The MLAT only worked where there was a duality of criminality of the alleged offence. With the imposition of the PIT however, personal income tax evasion is now a criminal offence and according to the requirements of the MLAT, Antigua & Barbuda is now required to help the US in enquiries of this nature.
Next week in part two of this article I will try and explain why the US took its decision to withdraw from the WTO and how this attack on the gaming sector is part of a co-ordinated effort against the entire offshore financial sector. The challenge as I see it is that Antigua & Barbuda’s very survival as an offshore financial jurisdiction is now at stake and the government would be hard pressed to recover ground already lost over the last three years.
For those of you who are interested in reading the WTO case in detail it can be found here
WTO | dispute settlement - the disputes - DS285.
The above opinions are not necessarily those of the publisher, newspaper, its advertisers or employees.
Please send all comments to editor@antiguasun.com.
</TD></TR></TBODY></TABLE>
A great new read in TODAY'S ANTIGUA SUN....
When is a major entity like the WSJ going to cover this? :+clueless
<TABLE cellSpacing=1 cellPadding=1 width="100%" bgColor=#ffffff border=0><TBODY><TR><TD vAlign=top align=left>Antigua & Barbuda and the WTO
</TD></TR><TR><TD vAlign=top align=left>Thursday May 24 2007
</TD></TR><TR><TD vAlign=top align=left height=5></TD></TR><TR><TD vAlign=top align=left>
written by Ronald Maginley
Over the last two weeks, I have been called upon by a number of people in the media to air my thoughts on the news that the US now intends to rescind its consent under the GATS, which allowed for unrestricted access for the cross border supply of gambling services. This unprecedented action by the US has far reaching consequences to not only our Internet gaming industry and our economy, but perhaps more importantly to the very issue of global free trade.
For those of you who are not familiar with Antigua & Barbuda’s long standing case against the US at the WTO, here is a quick summary. In 2003, Antigua & Barbuda filed a case with the WTO claiming that the US, contrary to promises made in the 1990s under the GATS, was enacting measures to prevent gaming companies in Antigua & Barbuda from supplying services to US citizens.
In support of our case a team comprised Mark Mendell and Sir Ron Sanders (then Antigua & Barbuda’s High Commissioner to London, with responsibility for the offshore financial sector), filed and won judgment in favour of Antigua & Barbuda in 2004. With the US challenging the WTO’s ruling under the Dispute Settlement Body (DSB), legal arguments have been ongoing for over four years. The DSB, in ruling in favour of Antigua & Barbuda, found that the US was applying rules to “foreign” suppliers of gambling and betting services that were not applied in equal measure to domestic US companies. By acting in this manner the US was found to be in contradiction to its commitment under Article XIV of the GATS to Antigua & Barbuda, and was directed to bring its laws into conformity with its commitments. Specifically the WTO required the US to amend three pieces of legislation. These were the Wire Act, the Travel Act and the Illegal Gambling Business Act.
At the heart of attempts at restricting or prohibiting Antigua & Barbuda’s access to the US market, has been an attack against all financial institutions such as banks and credit card companies, from providing services to the industry. First requiring that all gaming transactions be encoded with a “7995” merchant transaction identification, several attempts have been made at enacting legislation to completely ban Antigua’s access to the US market. Such attempts culminated in the passage last year of the Unlawful Internet Gambling Enforcement Act
(GovTrack: H.R. 4411 [109th]: Text of Legislation).
This legislation which was sponsored by Senator James Leach and which was attached to the Safe Port Act, makes it illegal for any US financial institution to send money to or from a gaming company in Antigua. The impact of this legislation cannot be minimised.
With its passage on 11 July 2006, most of the publicly traded gaming companies saw stock values drop by a third. Others simply ceased to exist as US financial companies cut off access to their services, effectively removing up to 90 per cent of the customer base for many companies.
With US citizens now banned from using their credit cards to fund their gaming accounts, companies such as World Wide Tele Sports (WWTS aka BetCorp), went from riches to rags, and was forced to delist from the AIMS (London). Snapped up for peanuts by the Canadian giant BoDog, other giants of the industry such as Bet-On-Sports (BOS) closed its doors laying off almost 1,500 people (approximately 60 in Antigua).
Payment portals such as the giant NetTeller PLC, were forced to cut services to gaming companies after its founders were arrested and charged with crimes related to the use by US citizens of their E-Cash system to fund gaming accounts (Bloomberg.com: U.K.).
In examining the NetTeller case, it is perhaps interesting to note that the company was hoping to delay the implementation of the Unlawful Internet Gambling Enforcement Act, until the required regulations were issued in July 2007. The action of the Department of Justice (DOJ) however, was a clear indication of the US’s intent to strictly enforce the gambling payment ban.
As if further evidence was required in regard to the US’s position on our WTO case, I-Gaming News led with a headline on 21 May that read, “US Department of Justice Seize Funds from Payment Processor”. Reporting that the DOJ had seized almost US$10 million which was thought to be funds held in reserves for gaming companies by Citadel, (one of the largest credit card processors in the US) the American government has declared war on Antigua’s gaming industry.
In what is perhaps a clear message to the government of Antigua & Barbuda about the US government’s intentions, in addition to taking action against some of the largest e-commerce financial service providers, the US is also beginning to target our offshore financial services sector.
In what is a continuation of measures that led to a financial advisory against Antigua & Barbuda in 1999, a new bill entitled “Stop Tax Haven Abuse Act” (S.681), has been tabled in the US Senate. Stating that the Bill’s purpose is to stop the flight of US capital to offshore jurisdictions such as Antigua, we are featured prominently on page eight, under the section entitled “Initial List of Offshore Secrecy Jurisdictions”.
With measures that would seek to force tax havens to make full disclosure of US citizens accounts (including trust accounts); and with penalties that could make Antiguan citizens subject to charge in the US for aiding and abetting, I wonder what will happen to future requests by the US under the Mutual Legal Assistance Treaty (MLAT).
The sad part of our government’s rush to impose an IMF taxation programme, and in particular the Personal Income Tax (PIT), and then to criminalise its evasion, has opened a new and welcomed door for the IRS.
In the past, requests for information related to allegations of tax evasion by US citizens for accounts held in our offshore banks, could be refused by Antigua & Barbuda. The basis for this refusal is that requests for information under the MLAT, was dependent on both the US and Antigua & Barbuda having similar offences. In other words, a request from the US in relation to possible income tax evasion by US citizens and corporations, would be refused because we had no income tax.
The MLAT only worked where there was a duality of criminality of the alleged offence. With the imposition of the PIT however, personal income tax evasion is now a criminal offence and according to the requirements of the MLAT, Antigua & Barbuda is now required to help the US in enquiries of this nature.
Next week in part two of this article I will try and explain why the US took its decision to withdraw from the WTO and how this attack on the gaming sector is part of a co-ordinated effort against the entire offshore financial sector. The challenge as I see it is that Antigua & Barbuda’s very survival as an offshore financial jurisdiction is now at stake and the government would be hard pressed to recover ground already lost over the last three years.
For those of you who are interested in reading the WTO case in detail it can be found here
WTO | dispute settlement - the disputes - DS285.
The above opinions are not necessarily those of the publisher, newspaper, its advertisers or employees.
Please send all comments to editor@antiguasun.com.
</TD></TR></TBODY></TABLE>
JC
EOG Veteran
Re: FINALLY, SOME GOOD RELEVANT ONLINE GAMBLING NEWS!!!
http://www.caribbeanpressreleases.c...es/Us-action-contrary-to-purpose-of-GATS.html
WTO adopts panel report, US seeks to withdraw its WTO commitments on gambling and betting services
Us action contrary to purpose of GATS
Geneva, Switzerland -- May 24, 2007 --The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) unanimously adopted on Tuesday the report of its compliance that, among other things, found the United States had failed to comply with the original rulings and recommendations which were previously adopted by the DSB, in the ongoing dispute over the cross-boarder provision of gambling and betting services by Antiguan providers to consumers in the United States.
"It is somewhat unfortunate that previous reports in our dispute had left considerable uncertainty and ambiguity in the minds of some and were exploited for those purposes by others. This time around, though, I am extremely pleased that the compliance panel did not leave any room whatsoever for anyone, lest of all the United States, to misconstrue or obfuscate the conclusions of this report," said the Honourable Dr. Errol Cort, Minister of Finance and the Economy, who has responsibility for this matter.
The Minister highlighted a number of key findings of the compliance panel which he thought may have contributed to the US' decision not to further appeal the case. These include: (a) the acknowledgement by the panel that the US has a flourishing domestic, remote gambling industry which is licenced and regulated by a number of States but which offer identical services to those from Antigua operators; (b) the fact that the US government only seeks to prosecute foreign operators; and (c) recent US legislation that criminalizes financial transactions for ?unlawful internet gambling? only applies for foreign remote gambling and exempts a number of its domestic remote gambling operations.
Having announced that its will accept the findings of the panel, the US jolted the entire WTO membership with its subsequent announcement on 4 May that it will withdraw its commitment for gambling and betting services under what is known as "Article 21" of the GATS agreement.
"This astounding and unprecedented action by the US opens up a whole new chapter in the WTO jurisprudence, which runs contrary to the object and purpose of the GATS, the DSU and other WTO agreements," said the Minister.
He went on further to stressed that, in light of this latest development by the US, his government will be examining the various options available to it with a view to identifying the most appropriate course of action.
In his address to the DSB, Antigua and Barbuda's Ambassador to the WTO, Dr. John W. Ashe, noted that this latest move by the US flies ?in the face of the concept of liberalization that is embodied in the GATS and the current Doha Round, and is contrary to these objectives."
"Moreover, it is difficult to see how the US can, on the one hand, encourage and perhaps insist that other WTO members expand their commitments in services while simultaneously erecting a new barrier to trade in services from other members. This is particularly so when one considers that the American component of the remote gambling industry is estimated to be in excess of US $10 billion annually," he said.
In his response to this latest move by the US, Antigua and Barbuda's legal adviser, Mark Mendel, noted that, in his view, the dispute has been resolved and the US remains obligated to comply.
"The dispute is settled and Antigua is entitled to and will be expecting market access. If the US wants to try and shut out potential future liability to other WTO members, it is welcome to try," he said.
"What must get lost in the shuffle, though, is the simple fact that the US has a large, sanctioned domestic industry. If it was seeking to withdraw its commitment due to a strong anti-gambling culture, this would be understandable. However, this is certainly not the case here: it is seeking to withdraw this commitment simply to erect a trade barrier to foreign competition in order to protect and enhance its own, flourishing domestic gambling and betting industry," he added.
The DSB also heard statements from the representatives of the European Communities, Brazil and India, who all called on the US to exercise the greatest of caution before proceeding with its stated plan to seek a change in its Article 21 commitment.
Source: ab.gov.ag
http://www.caribbeanpressreleases.c...es/Us-action-contrary-to-purpose-of-GATS.html
WTO adopts panel report, US seeks to withdraw its WTO commitments on gambling and betting services
Us action contrary to purpose of GATS
Geneva, Switzerland -- May 24, 2007 --The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) unanimously adopted on Tuesday the report of its compliance that, among other things, found the United States had failed to comply with the original rulings and recommendations which were previously adopted by the DSB, in the ongoing dispute over the cross-boarder provision of gambling and betting services by Antiguan providers to consumers in the United States.
"It is somewhat unfortunate that previous reports in our dispute had left considerable uncertainty and ambiguity in the minds of some and were exploited for those purposes by others. This time around, though, I am extremely pleased that the compliance panel did not leave any room whatsoever for anyone, lest of all the United States, to misconstrue or obfuscate the conclusions of this report," said the Honourable Dr. Errol Cort, Minister of Finance and the Economy, who has responsibility for this matter.
The Minister highlighted a number of key findings of the compliance panel which he thought may have contributed to the US' decision not to further appeal the case. These include: (a) the acknowledgement by the panel that the US has a flourishing domestic, remote gambling industry which is licenced and regulated by a number of States but which offer identical services to those from Antigua operators; (b) the fact that the US government only seeks to prosecute foreign operators; and (c) recent US legislation that criminalizes financial transactions for ?unlawful internet gambling? only applies for foreign remote gambling and exempts a number of its domestic remote gambling operations.
Having announced that its will accept the findings of the panel, the US jolted the entire WTO membership with its subsequent announcement on 4 May that it will withdraw its commitment for gambling and betting services under what is known as "Article 21" of the GATS agreement.
"This astounding and unprecedented action by the US opens up a whole new chapter in the WTO jurisprudence, which runs contrary to the object and purpose of the GATS, the DSU and other WTO agreements," said the Minister.
He went on further to stressed that, in light of this latest development by the US, his government will be examining the various options available to it with a view to identifying the most appropriate course of action.
In his address to the DSB, Antigua and Barbuda's Ambassador to the WTO, Dr. John W. Ashe, noted that this latest move by the US flies ?in the face of the concept of liberalization that is embodied in the GATS and the current Doha Round, and is contrary to these objectives."
"Moreover, it is difficult to see how the US can, on the one hand, encourage and perhaps insist that other WTO members expand their commitments in services while simultaneously erecting a new barrier to trade in services from other members. This is particularly so when one considers that the American component of the remote gambling industry is estimated to be in excess of US $10 billion annually," he said.
In his response to this latest move by the US, Antigua and Barbuda's legal adviser, Mark Mendel, noted that, in his view, the dispute has been resolved and the US remains obligated to comply.
"The dispute is settled and Antigua is entitled to and will be expecting market access. If the US wants to try and shut out potential future liability to other WTO members, it is welcome to try," he said.
"What must get lost in the shuffle, though, is the simple fact that the US has a large, sanctioned domestic industry. If it was seeking to withdraw its commitment due to a strong anti-gambling culture, this would be understandable. However, this is certainly not the case here: it is seeking to withdraw this commitment simply to erect a trade barrier to foreign competition in order to protect and enhance its own, flourishing domestic gambling and betting industry," he added.
The DSB also heard statements from the representatives of the European Communities, Brazil and India, who all called on the US to exercise the greatest of caution before proceeding with its stated plan to seek a change in its Article 21 commitment.
Source: ab.gov.ag
Re: FINALLY, SOME GOOD RELEVANT ONLINE GAMBLING NEWS!!!
I like this version much better...
Thanks JC...:houra
I like this version much better...
Thanks JC...:houra
seattle slew
EOG Senior Member
Re: FINALLY, SOME GOOD RELEVANT ONLINE GAMBLING NEWS!!!
I agree. US will not admit defeat in any situation, WTO or Iraq. They will continue to make their own laws and won't give a damn what anyone thinks. Business as usual.
I agree. US will not admit defeat in any situation, WTO or Iraq. They will continue to make their own laws and won't give a damn what anyone thinks. Business as usual.
