The European Commission investigates the US laws

The European Commission investigates the US laws

Law

The Remote Gambling Association asks the European Commission, by report, to launch an investigation into the US anti gambling laws.

The RGA is a commercial association based in London where it reunites the best part of the main world operators in online gambling. Nine of the ten main community suppliers and 16 of the 20 biggest companies of the gambling sector are RGA members.

Therefore the RGA represents the essential part in the community online gambling industry. The report presented by the association to the EU concerns the supply of commercial services in the gambling and the betting through distance communication techniques sector, especially on line. The service in question shows the general agreement about the trade services (GATS). The EU law doesn’t consider specific rules on the subject of gambling in spite of this, many member States emit regular licences to online gambling operators by inserting them consequently within the framework of the national laws of the sector.

The report presented by the RGA aims the following points: 1) the US legislation that forbids gambling online; 2) the measures implemented by the United States in order to the effective application of such legislation; 3) the application discriminatory terms.

On trial, the report shows expressly the directions issued by the US legislation, since 2006 until now, against gambling online, that is Wire Act (a US law concerning certain kinds of gambling); Travel Act (a law to prevent from blackmails and illegal trading); Illegal Gambling Business Act (IGBA, a law to prevent from illegal gambling by the trade union); Wagering Paraphernalia Act (a law to prevent from the spread of betting device) and the Federal anti-money-laundering legislation; the bans foreseen by the law of single States; the Unlawful Internet Gambling Enforcement Act (UIGEA, which forbids the online payments for casino betting and poker online); and also the differentiated and discriminatory treatment by the EU suppliers in regard to that one reserved to the US suppliers on the strength of above-mentioned laws.

The Remote Gambling Association believes that the laws issued by the US government are a problem for the service online circulation and therefore they act against the agreements contained in the GATS, forcing the associations which operate in the gambling sector to recall from the US market, causing serious economic damages.

The RGA wants to specify that in the past 10 years, Europe created the most advanced online gambling industry in the world and many of the most important world associations are authorized in the UK, Gibraltar, Malta, Ireland and in Austria.

Important to mention is that significant back-off activities furnish technological and commercial assistance and a client service in Sweden, Cyprus, Bulgaria and Estonia.
The denouncer knows as well that the GATS relevant legal director should be modified in the next months because of the US intentions to cancel their GATS engagements on the subject of gambling and betting.

Obviously the RGA asserts that the annulment will not have any retroactive effect and it won’t influence the US duties as it happened while the engagement was still in vigour. The EU acknowledges the report and considers that the proofs brought by the RGA are enough to begin an investigation on US charge and the prohibition of the online gambling.

 

Tags: remote gambling association gambling eu us legislation

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