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Old 06-23-2007, 09:01 AM
BluffTHIS! BluffTHIS! is offline
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Default Suggested plan to leverage the WTO issue in the senate

There were a couple very interesting and I believe important statements in oldbookguy's thread, Meeting with Senator Rockefeller Office June 22 from his meeting with Sen. Rockefeller (and let me add another "attaboy!" for same), where he relates the following:

[ QUOTE ]
He is most upset that a treaty obligation is being broken and the reality now is it should be a Senate issue since this is their domain so to speak.

At the end of the meeting a comment was made to me; "if this was not so serious it would be comical a game of cards can cause such a international problem". I of course agreed. It would be comical if it were not really to important now given the developments.

[/ QUOTE ]


To be honest I am surprised that the WTO issue is taken seriously by an important senator. But since it obviously is in view of the possible ramifications for future US interests in the WTO, not to mention possible sanctions, then I would propose that lobbyists for the PPA and ourselves seek to leverage that concern in the following manner.

The senate from time to time passes non-legislative resolutions known as "the sense of the senate", where it expresses its concerns about various issues. Since this doesn't involve legislation, it is easier for a senator to vote for a resolution expressing the desire to deal with an issue, without having to specify the actual means, and usually with an eye to having the administration investigate what further action should be taken.

So it seems to me that we need to get a senator to introduce such a sense of the senate resolution expressing concern about the U.S. violating its international committments wrt the GATTS treaty, and which threaten via WTO litigation to expose U.S. industries to costly sanctions. And stating that the administration should draw up a plan to bring the U.S. into compliance, rather than seeking to further violate treaty obligations, or maintain legal positions that are contrary to both WTO intepretations and established U.S. court rulings (i.e. as to how the Wire Act is to be interpreted and how wide its scope is).

Such a resolution at the very least would bring this issue to greater prominence in both the news media and on capitol hill, and also prepare the way as it were for various legislative initiatives now underway in the house. And again, since the exact means of compliance aren't specified (yet), then such a resolution might be easier to pass.
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Old 06-23-2007, 10:50 AM
Legislurker Legislurker is offline
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Default Re: Suggested plan to leverage the WTO issue in the senate

I'm not sure we are going to see anything WTO-wise again until July 24th or so. From what I have seen and read, everything that transpires is flat against deadlines and meetings. That day is when Antigua's sanction request is heard. I think before any senator touches gambling with a ten foot amendment, real pain is going to have be staring a constituent industry in the face. As much as we want it to be a silver bullet, the WTO is still a long run bet. Something has to give, but Bush can stall it the rest of his term I am afraid. The Senate only ratifies treaties, and we are already in the WTO. It is out of their hands now, enforcement or bringing us inline with a treaty is an executive matter.
The other problem is the Senate Finance Committee itself, where this has to originate. Kyl is on it. Trent Lott is as well, and Kyl and Lott are soulmates. Jim Bunning would [censored] his pants if the Senate endorsed sports betting online, and he is on it as well. I don't know Max Baucus very well, he is the chairman, but Rockerfeller is on the Finance committee. I think Schumer is the most recognizable Senator in the majority on the committee. What I have heard from him on gambling isn't good, and if the banks are lobbying, he should be a target for them. OUr only hope form the Senate is in a conference committee with the House, and then a fast vote on a must pass. Kyl can block anything else in committee, well before a floor vote. When I think of pleasant thoughts of things to come, I like to think of Kyl seeing a net gaming regulation provision in a conference committee(he would be on it as he is 3 or 4 in the Rep Caucus), that he is powerless to stop.
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Old 06-23-2007, 02:13 PM
BluffTHIS! BluffTHIS! is offline
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Default Re: Suggested plan to leverage the WTO issue in the senate

[ QUOTE ]
The Senate only ratifies treaties, and we are already in the WTO. It is out of their hands now, enforcement or bringing us inline with a treaty is an executive matter.

[/ QUOTE ]


lurker,

You are taking my post too far, as I certainly don't mean to suggest a resolution as necessarily leading to any concrete legislation on the WTO. Regarding your quote above, I realize it is up to the administration to comply with treaties. But it is certainly within the province and duties of the senate to express its concerns and desires regarding same. All I am proposing is a way to bring the WTO issue to the forefront in order to get more recognition of the entire gambling issue and efforts in the house. And a sense of the senate resolution might be a way to do that, especially as senators don't have to commit at that point to concrete ways to comply.
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Old 06-23-2007, 02:15 PM
Jay Cohen Jay Cohen is offline
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Default Re: Suggested plan to leverage the WTO issue in the senate

There is a general meeting on July 24th. If the US doesn't contest Antigua's claim, it will be taken as written. But of course they will contest it.

They will seat a panel and set a briefing schedule. Briefs will most likely be filed in September. I expect that panel will rule on the amount and type of sanctions before the end of the year.

I am sure the US may also try to argue they are no longer subject to the remedies since they are withdrawing their commitment.

The US will be left with three choices. Offer Antiguan gaming companies unfetted access, face the sanctions and the wrath of the IP interests, or compromise in good faith and make a bilateral agreement with Antigua.
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Old 06-23-2007, 02:30 PM
BluffTHIS! BluffTHIS! is offline
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Default Re: Suggested plan to leverage the WTO issue in the senate

Jay,

In line with my suggestion in my earlier post, I think that the perfect content of such a sense of the senate resolution would be which of those 3 options that the senate believes the administration should take.
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Old 06-23-2007, 02:41 PM
Jay Cohen Jay Cohen is offline
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Default Re: Suggested plan to leverage the WTO issue in the senate

Sense of the Senate or Sense of the House resolutions are not easy to get.

Hopefully there are some more letters from Congress to the USTR in the works. Here's the last one written back in March. Please send this letter to your Congress people and ask them to send something similar to the USTR.

http://www.antiguawto.com/LettertoUSTR.pdf
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Old 06-23-2007, 02:48 PM
JPFisher55 JPFisher55 is offline
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Default Re: Suggested plan to leverage the WTO issue in the senate

Jay, could the panel rule that the US has withdrawn its commitment and award Antiqua some form of compensation, due to the withdrawal but not the original case, which is different than the IP compensation?
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Old 06-23-2007, 03:01 PM
Jay Cohen Jay Cohen is offline
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Default Re: Suggested plan to leverage the WTO issue in the senate

Well if the panel rules that withdrawal of the commitment is an acceptable form of compliance, Antigua would be asking for the same type of compensation, IP, only for a lifetime. The value of the withdrawal is theoretically greater than the value of the past plus ongoing damages.

I don't know about the other countries that have filed, but I think that any panel, whether it is the remedy panel or the panel that rules on what just compensation would be against the withdrawal of the commitment, would be very sympathetic to Antigua's claims.
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Old 06-23-2007, 03:49 PM
autobet autobet is offline
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Default Re: Suggested plan to leverage the WTO issue in the senate

Here is a rough draft of a letter I plan on sending to my US reps and the US trade rep.

The Honorable Susan Schwab
United States Trade Representative
600 17th Street, N.W.
Washington, D.C. 20508

Dear Ambassador Schwab:

I am writing concerning the decision by the WTO on the case brought by Antigua and Barbuda against the United States entitled: “Measure Affecting the Cross-Border Supply of Gambling and Better Services” (WT/DS285). The WTO Appellate Body has found that the U.S. is not in compliance with its WTO obligations with respect to the provision of remote gambling services. Antigua, Costa Rica and the European Union are seeking or planning to seek billions in compensation. My understanding is Antigua has asked the trade body to target American Trademarks and Copyrights if the U.S. refuses to comply.

Besides facing sanctions, failure to comply with the WTO ruling will ruin our credibility around the world. If we refuse to comply, we are setting an example for every other country to follow. When we seek to press countries like China regarding their violations on a wide range of important issues including copyright violations, how can we expect them to comply if we do not lead by example and abide by the rulings of the WTO?

The best type of leadership is done by those who lead by example. I hope the United States steps up and abides by the ruling of the World Trade Organization regarding remote gaming.

Sincerely,
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Old 06-23-2007, 03:56 PM
BluffTHIS! BluffTHIS! is offline
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Default Re: Suggested plan to leverage the WTO issue in the senate

Jay,

In this NYT story on the issue, note the following quote from the USTR:

"Gretchen Hamel, a spokeswoman for the United States trade representative in Washington, said that the office would continue to try to find a mutually satisfactory resolution to the dispute."

Now of course that is BS, as from what I have read of the issue, including your postings here, the US hasn't in fact tried to compromise. Of course it may now, but there is no "continue" because they haven't been trying in the past.

You have posted in the past that the US has 3 options to comply:

1) allow Antigua based companies total access the US remote gaming market;

2) outlaw all domestic remote gaming;

3) negotiate a bi-lateral treaty.


Now #3 basically seems like #1. If it isn't the same, then what difference would there be exactly? And wouldn't it mean also that any other country, even though they didn't join Antigua's case directly, could initiate their own case before the WTO and demand similar treatment? Which again means not just #1, but a super #1 where all foreign companies have access.

What I am saying is that I don't see a negotiated resolution of the situation that basically doesn't involve just wholesale repeal of not only the IUGEA but also the Wire Act as it pertains to foreign companies at least. Or do you envision some other type of trade concessions being given while Antiguan companies still can't access the US remote gaming market?
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