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TAMU identified the January 13, 2014 Agreement to Continue to Operate the
Undergraduate and Graduate Programs at Texas A&M University in Qatar. As attachments,
the agreement included the
DC: 5915898-4
The agreement at issue renews an earlier 2003 agreement between TAMU and QF to
establish a branch campus known as Texas A&M University in Qatar (TAMUQ) offering
undergraduate degree programs. In 2010, the program expanded to include graduate degree
programs.
Recognizing that the undergraduate and graduate programs have been highly
successful and enhanced higher education in the State of Qatar, TAMU and QF renewed their
operation agreement in 2014.
Through similar agreements with Cornell University, Northwestern University, Carnegie
Mellon University, Georgetown University, Virginia Commonwealth University, HEC Paris and
University College London, QF has been instrumental in bringing western-style higher
education to the Middle East.
Faculty and staff from the United States and Europe teach
courses in many subjects, including art and design, medicine, computer science, business and
information systems, international affairs, journalism and communications. The TAMUQ
campus in Doha, Qatar offers programs in chemical, electrical, petroleum and mechanical
engineering. The TAMUQ programs require students in Qatar to meet the same rigorous
standards as the programs offered to students on the main campus at College Station in order to
receive degrees.
Although the existence of Education City is not confidential, QF takes great care to
ensure that the operational and financial details of these agreements are maintained in strict
confidence. For this reason, access to the agreements, even among QFs employees, is restricted
and each agreement includes a broad confidentiality provision. It is unlikely that QF would
enter into any such agreement with an institution without a robust and enforceable
confidentiality provision that protected the contents. For example, the Confidentiality Provision
in the Identified Records states:
Information concerning either Partys business methods, financial information,
future plans, personnel data, trade secrets, information systems, financial and
accounting policies or similar matters, or information designated as
confidential by a disclosing Party, shall be treated as confidential. Without
limiting the generality of the foregoing, this Agreement, its exhibits, and all
reports, plans and budgets associated with or generated as a result of
performance of this agreement shall be deemed confidential. The party
receiving such confidential information shall take the same precautions as it
takes to protect its own confidential information, but in all events reasonable
precautions, in order to preserve its confidentiality. Confidential information
shall not be revealed to third parties without the consent of the disclosing Party,
and no Party may use the other Partys confidential information for any purpose
except for purposes of performing this Agreement. (Emphasis added)
II.
Commercial or financial information is excepted from disclosure under the Texas Public
Records Act. GOVT CODE 552.110(b). To qualify for this exception, a party must demonstrate,
based on specific factual evidence, that disclosure would cause substantial competitive harm to
the person from whom the information was obtained. GOVT CODE 552.110(b). This standard
resembles part of the test for applying the comparable exception under the federal Freedom of
Information Act, as set out in National Parks & Conservation Association v. Morton, 498 F.2d
765 (D.C. Cir. 1974) 1. See Office of the Atty Gen, Public Information Handbook 114 (2014 ed.).
To demonstrate substantial competitive harm under the Public Information Act, courts
have required evidence that actual competition exists and that the information would have a
negative impact on future competitions. See Boeing Co. v. Paxton, 46 S.W. 831, 841 (Tex. 2015)
(concluding that rate information would cause competitive harm when construing the Public
Information Acts bid information exception). Cf. National Parks & Conservation Association
v. Morton, 498 F.2d 765 (D.C. Cir. 1974) (requiring evidence of [a]ctual competition and the
likelihood of substantial competitive injury).
Disclosure of the Identified Records would cause substantial competitive harm to QF.
QF has similar business relationships with major educational institutions from the United
States, United Kingdom and France. QF is in the process of renegotiating several agreements
with its university partners who have branch campuses in Qatar, such as the agreements with
. It also expects to begin negotiations on other similar
agreements as they expire, including negotiations with
. Many of the agreements that establish branch campuses in Qatar have
. The agreements provide for, among other things, governance of the
branch campus, recruitment of deans, administrators and faculty, reimbursement of expenses,
payment of management fees and allocation of rights in intellectual property. It is self-evident
that QFs negotiating position will be harmed significantly if the other party to the agreement
knows in advance what business terms QF is willing to accept
. In addition,
there is a good deal of rivalry among the eight branch campuses operating at Education City. If,
in a future negotiation with one of its university partners, QF is not willing to offer terms that
are the same as those in the TAMU agreement, it may cause harm to a previously amicable
business relationship.
In addition to the renewal negotiations with existing branch campuses,
Any other
university partner will demand comparable terms in future negotiations if armed with the
knowledge contained in the cited provisions, to the direct financial detriment of QF.
CONCLUSION
In the event that the Office of the Attorney General makes a final decision to release any
of the information or documents at issue, we request prior notice and an opportunity to seek
judicial relief. GOVT CODE 552.325.
In accordance with Texas Govt Code 552.305(e), QF has provided a redacted copy of
this letter to the requestor, Nick Anderson via email at Nick.Anderson@washpost.com.
Respectfully submitted,
Alan Pemberton
Kevin Barnett
Counsel for Qatar Foundation for
Education, Science and Community
Development
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