[Federal Register Volume 71, Number 202 (Thursday, October 19, 2006)]
[Notices]
[Pages 61808-61809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17527]


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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 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 
[email protected], 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 [email protected], 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