Senedd Cymru approved the Procurement Act 2023 (Specified International Agreements) (Amendment) (Wales) Regulations 2025 on 16 December, with the Welsh Government confirming they update Schedule 9 to recognise suppliers from Iraq and Kazakhstan. The Regulations were then made on 17 December and come into force on 31 December 2025. Ministers described the change as ensuring equal treatment for covered suppliers under the Procurement Act in procurements regulated by the Welsh Ministers.
Practically, the instrument removes a Wales‑only carve‑out in Schedule 9 by amending paragraphs 26 and 27 so the entries apply to procurements regulated by the Welsh Ministers, and it deletes paragraph B1 and its associated italic headings. This means Iraqi and Kazakh suppliers will be treated as “treaty state suppliers” for covered procurements in Wales, engaging the Act’s non‑discrimination duty in section 90 and access to remedies in section 100. Welsh Government guidance confirms the policy intent and legal effect of treaty state supplier status.
The change implements two bilateral agreements entered into by the UK. The UK–Iraq Partnership and Cooperation Agreement was signed in London on 14 January 2025 and presented to Parliament on 9 July 2025 (Command Paper 1356). The UK–Kazakhstan Strategic Partnership and Cooperation Agreement was signed in Astana on 24 April 2024 and presented on 9 July 2025 (Command Paper 1365).
When these rights switch on depends on the treaties themselves. For Kazakhstan, the Welsh Regulations define “entering into force” by reference to when Chapter 8 (Government Procurement) of Title III starts to apply under Article 136. Article 136 sets a deferred start: Chapter 8 applies five years after Title III begins, and for specified goods and construction services, after eight years. Contracting authorities should therefore expect a phased activation.
For Iraq, the trigger is the date the Agreement enters into force under Article 115, or provisional application if the Parties so notify each other. From that point, covered Iraqi suppliers must be afforded treatment no less favourable than UK suppliers for procurements within the agreement’s scope.
UK ministers told Parliament that Kazakhstan’s procurement market access under the SPCA is broadly equivalent to the WTO Government Procurement Agreement, whereas access under the Iraq PCA is narrower, focusing on central government entities. Welsh buyers should check the annexes to each treaty to confirm whether a procurement, entity and category of goods or services are covered.
The Welsh instrument includes a saving provision. Any procurement commenced before the day the relevant agreement takes effect is not affected, provided a tender notice, transparency notice or below‑threshold tender notice has been published, or-in the case of below‑threshold procurements without a notice-the authority has contacted a supplier to commence award. The Senedd’s Legislation, Justice and Constitution Committee noted the absence of an explicit definition of “below‑threshold contract” in the instrument; the Government replied that the meaning is clear by reference to the Act.
For commercial teams, the immediate tasks are procedural. Update standard tender documents to reflect treaty state status for Iraqi and, in due course, Kazakh suppliers; review pipelines to identify procurements that will start after the relevant treaty provisions apply; and align internal guidance with the Procurement Act’s non‑discrimination and remedies framework. These steps sit alongside the UK‑wide go‑live of the Act on 24 February 2025 and the existing transition for legacy contracts and Dynamic Purchasing Systems.
The Welsh Regulations complement UK‑level secondary legislation that adds these agreements to Schedule 9 for the wider regime, with that instrument commencing on 30 December 2025. Wales’s amendment ensures the entries also bite for procurements regulated by the Welsh Ministers, closing the gap left by earlier wording.
The policy effect is reciprocal. By implementing the procurement chapters domestically, Wales ensures qualifying Iraqi and Kazakh suppliers are not treated less favourably in covered Welsh procurements, while UK suppliers should gain the corresponding access overseas as the partner commitments begin to apply. Officials and suppliers should monitor FCDO treaty notices for entry‑into‑force or provisional application updates.