15 AAC 137.610. Confidential records

(a) The APFC may preserve the confidentiality of information that discloses the particulars of the business or the affairs of a private enterprise or investor if the executive director concludes that such disclosure would

(1) unfairly prejudice the ability of the APFC or its investment managers to invest and manage fund assets;

(2) reveal trade secrets or technical data reasonably held as confidential in the finance industry;

(3) reveal matters, the immediate knowledge of which would clearly have an adverse effect upon the finances of the APFC or the permanent fund, including information relating to pending transactions or investments under consideration; or

(4) violate provisions of applicable law.

(b) In taking action under this section to preserve confidentiality, the executive director may declare specific records of the APFC, or appropriate portions of specific records, including documents submitted to the APFC that were prepared by others, to be confidential and exempt from the public disclosure provisions of AS 40.25.110 and AS 40.25.120 based on

(1) express determination of the board;

(2) guidelines of the board;

(3) confidentiality provisions included in contracts; or

(4) confidentiality provisions in requests for proposals or invitations to bid.

(c) For purposes of AS 37.13.200 and this section, "private enterprise or investor" includes investment managers, advisors, consultants, counsel, issuers of securities, and borrowers.

History: Eff. 11/15/2005, Register 177

Authority: AS 37.13.200

AS 37.13.206

AS 37.13.310 (c)

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