PART 7Implementation of international obligations

89Treaty state suppliers

(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.