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Here's the strategy Berisha is using to avoid the Electoral Code...
After a week of silence, Sali Berisha appeared before the media on Thursday to provide clarification on the $6 million contract with “Continental Strategy”. But although he did not say anything about how so much money will be raised, he was careful to emphasize several times that the contract has no connection to the elections. According to Berisha, it is a separate contract and only the contract with LaCivita is related to the campaign.
But Berisha's statement is a strategic maneuver for him to ignore the law. To be more clear, Article 92/1 of the Electoral Code states:
“ 1. Electoral entities and their candidates may receive funds for the purposes of their electoral campaign only from domestic natural or legal persons. For the purpose of this law, a domestic natural person is also considered an Albanian citizen residing outside the territory of the Republic of Albania.
2. The amount that any natural or legal person may give to an electoral subject, including its candidates, may not exceed 1 million lek or the equivalent in goods or services. The value of the amount according to the first sentence of this point is indexed by the CEC every five years according to the inflation rate .
Berisha is selling the lobbying contract as a “gift” from patriots in the US. He said that the DP will not pay a single lek and the expenses will be covered by the “Make Albania Great Again” foundation. But he is careful to avoid Article 92/1, which specifies that contributions of more than 1 million lek are not allowed.
Berisha sells lobbying as a contribution outside of elections, bringing into play Article 21 of the Law on Political Parties, which in point two states: “ Gifts and assistance coming from parties or international alliances of parties, from political organizations and foundations, domestic and foreign, as well as from individuals, natural and legal persons, are permitted .” So there is no restriction.
Through this maneuver, Berisha avoids the obligation to declare the contract as a campaign expense to the CEC. The code clearly states that 60 days from the release of the results, each party must declare the expenses. The first lobbying payment is 750 thousand dollars, many times more than 1 million lek.
But most likely Berisha will not include the expense there, avoiding punishment from the CEC and opening up legal troubles. The declaration is expected to be made later, when each party makes its financial declarations, declaring it as a "gift" service. Here is the catch. SPAK is waiting for the declaration to be made, because only if it is not made at all can we have an investigation.
Let's not forget that Ilir Meta and Basha were prosecuted only because they did not declare the exact amount of lobbying to the CEC. While Basha was accused of falsifying the form, after the money laundering charge fell on him.
" The investigation results in the fact that part of the financing of the contracts was made through bank transfers from the accounts of the political entity, the Socialist Movement for Integration, while the amount of 463,546.26 USD was not transferred from the bank accounts of this political entity. It also results in the fact that this monetary amount, which was not transferred from the bank accounts of the political force, was not reflected in the balance sheets of the political entity, the Socialist Movement for Integration, deposited with the Central Election Commission ," SPAK states in Meta's file.
So it seems that Berisha has consulted with his lawyers at length, not selling it as a campaign expense. But the test will be what he will declare next, as that could pave the way for SPAK. / Pamphlet
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