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Home / Document Library / Spokesperson Statements / 12/10/03 | Mills Statement on WTO Gambling
Dispute
Statement from
USTR Spokesman Richard Mills Regarding the WTO Gambling dispute with
Antigua and Barbuda
11/10/2004
"This panel report is deeply flawed.
In 1995, the Clinton Administration clearly intended to exclude
gambling from U.S. services commitments when the Uruguay Round
negotiations were completed. Throughout our history, the United
States has had restrictions on gambling, like many other countries.
Given these restrictions, it defies common sense that the United
States would make a commitment to let international gambling operate
within our borders. Antigua is arguing for a result that was never
imagined, much less bargained for, in the Uruguay Round
negotiations.
"Separately, the panel inappropriately found that our regulations
on gambling services were a prohibited quota based on a faulty new
legal theory that places unwarranted restrictions on the ability of
all WTO Members to regulate their services sector.
"In addition, contrary to what the panel asserted, there is no
obligation for WTO members to conduct international consultations
before taking action to protect public morals and public order and
enforce criminal laws. WTO members were already restricting gambling
and other activities affecting public morals and public order long
before they created the WTO. The WTO agreements confirmed the rights
of Members to protect public morals and public order. Nothing in any
WTO agreement requires Members to seek approval from their trading
partners before exercising those rights. Indeed, on these grounds
alone, this panel report should be of great concern to every single
WTO member.
"We will vigorously appeal this deeply flawed report to the WTO
Appellate Body and remain confident in the basis for reversing this
panel report."