The Procurement Chapter in the UK-Australia Free Trade Agreement – GPA+ or GPA Complex?

Abstract

This briefing paper provides a detailed comparison of the differences between the procurement chapter of the UK-Australia Free Trade Agreement (UK-AUS FTA) and the World Trade Organisation Government Procurement Agreement (WTO GPA), to which both the UK and Australia are members. The briefing paper reflects on the legal interpretation difficulties that result from clauses in the UK-AUS FTA that deviate from the WTO GPA in a way that varies or reduces the parties’ obligations towards each other, specifically concerning the national treatment regime and minimum standards for review procedures and remedies. The analysis is applicable to procurement chapters in FTAs that adopt a GPA+ structure, where both signatories of the FTA are also members of the WTO GPA.

Keywords: Trade liberalisation, public procurement, government contracts, World trade Organisation, Government Procurement Agreement, Free Trade Agreement, GPA+, legal interpretation

JEL Classification: F13, H57, K23