{
  "url": "https://openlegislation.uk/procurement-act-2023/section-89",
  "json_url": "https://openlegislation.uk/procurement-act-2023/section-89.json",
  "legislation": "ukpga/2023/54",
  "legislation_title": "Procurement Act 2023",
  "legislation_url": "https://openlegislation.uk/procurement-act-2023",
  "path": "section/89",
  "kind": "section",
  "number": "89",
  "heading": "Treaty state suppliers",
  "text": "(1) In this Act, a “treaty state supplier” means a supplier that is entitled to the benefits of an international agreement specified in Schedule 9.\n(2) But a supplier is a treaty state supplier only to the extent that it is entitled to the benefits of an international agreement specified in Schedule 9 in relation to the procurement being—\n(a) carried out, or\n(b) challenged.\n(3) An appropriate authority may by regulations amend Schedule 9 for the purpose of—\n(a) specifying an international agreement to which the United Kingdom is a signatory, or\n(b) removing, or amending a reference to, an international agreement.\n(4) In subsection (3)(a), the reference to being a signatory to an international agreement includes a reference to having—\n(a) exchanged instruments, where the exchange constitutes the agreement;\n(b) acceded to the agreement.\n(5) In this Part a reference to a supplier being entitled to the benefits of a treaty includes a reference to a supplier being entitled by virtue of the place of origin of goods, services or works supplied.\n(6) In this Act—\n(a) a reference to a treaty state supplier does not include a reference to a supplier that is entitled to the benefits of an international agreement only by reference to the United Kingdom being party to that agreement;\n(b) a reference to a state or territory being party to an agreement includes a reference to a state or territory being part of an organisation of states or territories that is party to an agreement.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "S. 89 applied (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 89 not in force at Royal Assent, see s. 127(2)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 89(1)(3)(4) in force at 12.3.2024 by S.I. 2024/361, reg. 2(i)"
    },
    {
      "type": "I",
      "label": "I3",
      "text": "S. 89(2)(5)(6) in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/54/section/89",
    "retrieved_at": "2026-10-28T16:57:07.988577+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}