# Procurement Act 2023, Section 89: Treaty state suppliers

Extent: E+W+S+N.I.

(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.
(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—
(a) carried out, or
(b) challenged.
(3) An appropriate authority may by regulations amend Schedule 9 for the purpose of—
(a) specifying an international agreement to which the United Kingdom is a signatory, or
(b) removing, or amending a reference to, an international agreement.
(4) In subsection (3)(a), the reference to being a signatory to an international agreement includes a reference to having—
(a) exchanged instruments, where the exchange constitutes the agreement;
(b) acceded to the agreement.
(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.
(6) In this Act—
(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;
(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.

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Source: https://www.legislation.gov.uk/ukpga/2023/54/section/89 (the official version)
Page: https://openlegislation.uk/procurement-act-2023/section-89
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

