Regulation 11 Exclusions: Concession contracts involving defence or security aspects which are awarded or organised pursuant to international rulesI1

F2which is governed by specific procedural rules pursuant to an international agreement or arrangement concluded between F3the United Kingdom and one or more F4other countries;

F5which is governed by specific procedural rules pursuant to a concluded international agreement or arrangement relating to the stationing of troops and concerning the undertakings of F6the United Kingdom or another country;

F7which is governed by specific procedural rules of an international organisation purchasing for its purposes or which must be awarded by F8the United Kingdom in accordance with those rules;

in relation to which the application of these Regulations would oblige the United Kingdom to supply information the disclosure of which it considers contrary to the essential interests of its security or the procurement and performance of which is classified as secret or must be accompanied by special security measures in accordance with the laws, regulations or administrative provisions in force in any part of the United Kingdom, provided that the United Kingdom has determined that the essential interests concerned cannot be guaranteed by less intrusive measures, such as those referred to in paragraph (2);

awarded in the framework of a cooperative programme referred to in F9paragraph 30 of Schedule 2 to the Procurement Act 2023;

awarded by a government to another government relating to works and services directly linked to military equipment or sensitive equipment, or works and services specifically for military purposes, or sensitive works and sensitive services (and in this sub-paragraph “government” means the State, regional or local government of F10the United Kingdom, Gibraltar or another country);

awarded in a F11country other than the United Kingdom or Gibraltar, to be carried out when forces are deployed outside the F12United Kingdom and Gibraltar if operational needs require those concession contracts to be concluded with economic operators located in the area of operations.