Assets Disclosure by Public Officials: Albania

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Historical Information

Full Name and Date of Effectiveness:

The Assembly Law Nr. 9049: On the declaration of audit of assets, financial obligations of elected persons and certain public officials, April 10 2003

Was this the first time such a law/rule was passed, or is this rule/law linked with any earlier one?

An earlier Law Number. 7903 dated March 8 1995, "On declaring assets by elected persons and certain directors of the public service" was repealed.

Does the Constitution mandate public officials to disclose their assets?

No

Coverage of Law/Rule

To what categories of civil servants or appointed officials is this law/rule applicable?

This is described in Article 3.1 Appointed officials who are obliged to file declaration of assets to the High Inspectporate include civil servants of the high and middle management level; directors of independent public institutions; general directors

To what categories of elected officials is this law/rule applicable?

This is described in Article 3.1 of the law. Elected officials who are obliged to make declaration of assets includes prefects, chairmen of the regional councils, mayors of municipalities, of municipal units and communes, officials who are elected

If this law/rule is applicable only to appointed officials in top levels, what is the assets declaration requirement of general appointed officials?

This is described in Article 3.2 of the Law. Apart from the High Inspectorate which receives declaration of assets from appointed officials listed in Article 3.1, the Low Inspectorate receives assets declarations from authorities who order and authorize it

Do provincial and local employees follow the same or similar assets declaration law?

Same Law

Declaration Content

What kind of value of assets must be declared?

Listed in Article 4, items to be declared include (1) immovable properties and real rights over them; (2) movable properties that can be registered in public registers; (3) things of special value over $5000; (4) the value of shares, securities, and part

Is it necessary to include family members’ assets as well?

Article 21 requires that the declaration include the assets of the official as well as his family (spouse and grown children).

Filing Frequency & Method

Do civil servants need to file the information during first entry into public service? And, thereafter at what frequency?

At first entry, and thereafter on March 31 of each year. Also when requested

Can the declaration be filed electronically?

No

Declaration Processing

Which agency of government receives and processes public officials' assets declaration?

The high inspectorate and low inspectorate; (respectively process declaration of officials assigned to them.

If the officials has failed to submit declaration in time or made inconsistent declaration, does the declaration processing authority issue reminder or ask for clarifications / explanations on the declarations?

Yes, as described in Article 7 of the law.

How is the declaration's content verified?

This is described in Article 25 of the law. The arithmetical and logical audits are done for every declaration in order to determine (1) the accuracy of the valuation of the assets declared, (2) the accuracy of the financial sources declared and (3) the s

How long is the declaration record maintained?

10 years

Punishment for Breach

What is the punishment for not filing the declaration?

Article 5: refusal to make a declaration entails the loss of function and punishment in conformity with Criminal Code--punishable by fine or imprisonment up to six months. In addition When action or inaction does not constitute a criminal offence it const

What is the penalty for making inaccurate statements on this declaration?

Article 38 states that declarations and all documents that accompany them are official documents. Submitting false data in them constitutes criminal act and is punished according to the legislation in force.

Can an official be prosecuted for violating this law?

Yes according to Article 5. The Criminal Code amended by Law Nr. 9030, adding 257/a entitled " refusal to make declaration, failing to make a declaration, hiding or falsely declaring assets by elected persons and public employees," --hiding or falsely

Public Access to Declaration

Does the law/rule state that the public can access this information?

Article 34 states that officials' declarations are available to the public as per Law Nr. 8503 "On the right to get information about official documents," dated June 1999.

If the law/rule mentions public access to this information, does it also state how the public can access this information?

Neither Article 34 nor any other part of the law provides any guideline to an interested citizen on how (s)he may obtain the information.