[Federal Register: October 19, 2006 (Volume 71, Number 202)]
[Notices]
[Page 61808-61809]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc06-135]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS285]
WTO Dispute Settlement Proceeding Regarding United States--
Measures Affecting the Cross-Border Supply of Gambling and Betting
Services
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative
(``USTR'') is providing notice that the World Trade Organization
Dispute Settlement Body (DSB), at the request of Antigua and Barbuda,
has established a panel under Article 21.5 of the WTO Understanding on
Rules and Procedures Governing the Settlement of Disputes (``DSU'') to
examine the compliance of the United States with the DSB
recommendations and rulings in the matter of United States--Measures
Affecting the Cross-Border Supply of Gambling and Betting Services. The
panel request may be found at http://www.wto.org-
in a document designated as
WT/DS285/18. USTR invites written comments from the public concerning
the issues raised in this dispute.
DATES: Although USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted on or before October 23 to be assured of timely consideration
by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0701@ustr.eop.gov, Attn: ``Gambling and Betting Dispute (DS285)'' in
the subject line, or (ii) by fax, to Sandy McKinzy at (202) 395-3640.
For documents sent by fax, USTR requests that the submitter provide a
confirmation copy to the electronic mail address listed above.
FOR FURTHER INFORMATION CONTACT: William Busis, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508, (202) 395-3150.
SUPPLEMENTARY INFORMATION:
Prior WTO Proceedings
On June 12, 2003, Antigua and Barbuda requested a dispute
settlement panel to consider its claims that U.S. Federal, State and
territorial laws on gambling violate U.S. commitments under the General
Agreement on Trade in Services (GATS), to the extent that such laws
prevent or can prevent operators from Antigua and Barbuda from lawfully
offering gambling and betting services in the United States. The WTO
ruled on April 20, 2005, rejecting all of Antigua and Barbuda's claims
except the WTO ruled that for the United States to show that the
Federal gambling laws meet the requirements of the chapeau to Article
XIV of the GATS, the United States needed to clarify an issue
concerning Internet gambling on horse racing. On May 19, 2005, the
United States stated its intention to implement the DSB recommendations
and rulings. On April 10, 2006, the United States informed the DSB that
the United States had complied with the DSB recommendations and
rulings.
Issues Raised by Antigua and Barbuda
In its panel request under Article 21.5 of the DSU, Antigua
disputes that the United States has complied with the DSB
recommendations and rulings. Antigua raises the following issues:
(1) Antigua and Barbuda argues that the United States has not taken
any measure to comply with the DSB recommendations and rulings.
(2) Second, Antigua and Barbuda characterizes U.S. compliance as
relying on a ``restatement of a legal position taken by a party to a
dispute,'' and argues that such action is legally insufficient under
the DSU to amount to compliance.
(3) Third, Antigua and Barbuda disputes that the U.S. compliance
brings the measures at issue within the scope of the GATS Article XIV
public morals/public order exception.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons may submit their
comments either (i) electronically, to FR0701@ustr.eop.gov, Attn:
``Gambling and Betting Dispute (DS285)'' in the subject line, or (ii)
by fax to Sandy McKinzy at (202) 395-3640. For documents sent by fax,
USTR requests that the submitter provide a confirmation copy to the
electronic mail address listed above.
USTR encourages the submission of documents in Adobe PDF format, as
attachments to an electronic mail. Interested persons who make
submissions by electronic mail should not provide separate cover
letters; information that might appear in a cover
[[Page 61809]]
letter should be included in the submission itself. Similarly, to the
extent possible, any attachments to the submission should be included
in the same file as the submission itself, and not as separate files.
A person requesting that information contained in a comment
submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Confidential business information must be clearly designated as such
and the submission must be marked ``Business Confidential'' at the top
and bottom of the cover page and each succeeding page.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by USTR to be
confidential in accordance with section 135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information
or advice may qualify as such, the submitter--
(1) Must clearly so designate the information or advice;
(2) Must clearly mark the material as ``Submitted in Confidence''
at the top and bottom of the cover page and each succeeding page; and
(3) Is encouraged to provide a non-confidential summary of the
information or advice.
Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR
will maintain a file on this dispute settlement proceeding, accessible
to the public, in the USTR Reading Room, which is located at 1724 F
Street, NW., Washington, DC 20508. The public file will include non-
confidential comments received by USTR from the public with respect to
the dispute; and the U.S. submissions, the submissions, or non-
confidential summaries of submissions, received from other participants
in the dispute; the report of the panel and; if applicable, the report
of the Appellate Body. An appointment to review the public file (Docket
No. WT/DS285, Gambling and Betting Dispute) may be made by calling the
USTR Reading Room at (202) 395-6186. The USTR Reading Room is open to
the public from 9:30 a.m. to noon and 1 p.m. to 4 p.m., Monday through
Friday.
Daniel E. Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. E6-17527 Filed 10-18-06; 8:45 am]
BILLING CODE 3190-W7-P