### THEATTORNEY GENERAL
OFTEXAS

November 4, 1964

Hon. Coke ,R.Stevenson, Jr. Administrator,Texas Liquor ControlBoard Austin, Texas

Dear Mr. Stevenson: OpinionNo. C-345
Re: Whether a Mexican Consul stationed in a city in the State of Texasmust comply with the provisions of the Texas Liquor Control Act when Importing liquor into the State of Texas for use by Consular officials.
In your request for an opinion,you ask whether a Mexican Consul stationed in a city in the State of,Texasmust complywith the provisions of the Texas Liquor Control Act when importing liquor Into the State of Texas for use by Consular officials.

Although there are severalprovisionswithin Artlcle 666, Vernon's Penal Code,pertaining to the Importation of alcoholicbeverages, it is our opinion that only Section 8 and Subsection 4 of Section 23(a) are germane to a Mexican Consul's Importationof alcoholicbeverages for his own use. Section 8 provides:

"It shallbe unlawful for military personnel stationed in Texas or any resident of the State of Texas to import into this state more than one (1)quart of liquor unless he Is the holder of a permit as provided in Section 4 (a)hereof. It shall furtherbe unlawful for any non-resident of the State of Texas to import Into this statemore than one (1) gallon of liquor. In addition to the penalties set out in Section 41 of this Act, any person violatingany provision of this section shall forfeit the liquor so illegally imported to the Texas Liquor ControlBoard. It is further provided that any person importing any liquor into this stateunder the provisions of this section shallpay the state tax thereon as levied in Section 21, Article I, Texas Liquor Control Act, and affix thereto the required State Tax Stamps."

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Subsection 4 of Section 23(a)provides:

those who ed in the

tween the "It is provided that anymilitary personnel stationed In Texas OP any resident of the State of Texasmay bring into this state not more than one (1)quart of liquor for his own personal use; and It is furtherprovided that any non;resldent of the State of Texas may bring into this state for his own personal use not more than one (1)gallon of liquor. In addition to the penalties set out in Section 41 of this Act, any person violating any provision of this section shall forfeit the liquor so illegally imported to the Board. It is furtherprovided that any person importing any liquor into this stateunder the provisions of this section shallpay the state tax thereon as levied in Section 41, Article I, Texas Liquor ControlAct, and affix thereto the required State Tax Stamps.

. . .' While the above provisionswould appear to cover all might import for personal consumption,they are limitinstant case by existing international treaties. Article I, Section 2 of the Consular ConventionbeUnit+-States of America and Mexico, Treaty Series

.- 985, 

### 57Stat. ouv, provlaes:

"2. Consular officers of each High Contracting Party shall, after enteringupon their duties, enjoy reciprocally in the territories of the other High ContractingParty all the rights, privileges, exemptions and immunities which are enjoyedby consular officers of the same grade of themost favored nation, there being understood bv consular officers Consuls General as well as"Consuls and Vice Consulswho are not honorary. As official agents, such officers shallbe entitled to the high consideration of all officialsnational or local, with whom they have official intercourse in the State which receives them." (Emphasis supplied) The "most favored nation" clause in a treatybetween the United States and a particular foreign countrymay operate to confer on, or extend to, the nationals or officials representativesof such country rights, privileges or immunities In the United Stateswhich are not expressly conferredby such

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treaty but which are conferredby treaty on the nationals or representatives of another foreign country; 

### 87 C.J.S. 

### 936, Treaties, Section 12.

In the Consular Conventionbetween the United States of America and Ireland, T.I.A.S. 2984, 

### 5 U.S.Treatles 949, Article 14 provides:

"(1) All furniture, equipment, supplies, building materials and other articles, including vehicles,marine vessels and aircraft, int,endedfor officialuse in the territory in connectionwith any of the purposes specified In paragraph (1) of Article 

### 7 shallbe permitted entry into the territory free of all taxes or duties imposedupon, or by reason of, lmportation. "(2) Baggage and effects and other artlcles, includingvehicles,marine vessels and aircraft, Imported into the territoryby a,consular officer or employee,provided that he fulfils sic) the conditions specified in paragraph (4I of Article 

### 13, excllmlvely for his personal use ,andthe use of members of his family formingpart of his household, shallbe exempt from all taxes or duties, national, state,provincial,municipal, or other, imposed upon, or by reason of, Importation,whether accompanyinghim to his consularpost, eitherupon first arrival or upon subsequentarrivals, or subsequently consigned to him at his post and imported at any time while he Is assigned to or employed at suchpost. 

### "(3) It is, however, understood that (a) the receiving statemay, as a condition to the granting of the exemptionprovided in this Article, require that a notlficatlon of any importationbe given in suchmanner as itmay prescribe;

(b) the exemptionprovided In this Article,being in respect of articles Imported for official or personaluse only, does not extend, inter alia; to articles imported as an accommsoz others or for sale or for other commercialpurposes. However, articles imported

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as samples of commercialproducts solely for displaywithin a consulate, shallnot be regarded as excluded from the exemptionprovided in this Article;

(c) the receiving statemay determine that the exemptionprovidedby this Article does n,otapply In respect of articles grown, produced ormanufactured in the territorywhich havebeen exported therefromwithout payment of, or upon repayment of, taxes or duties,which would have been chargeablebut for such exportatIon; (d) nothing herein shallbe construed to permit the entry Into the territory of any article the importationof which is specificallyprohibitedby law. "(4) Articles the importationof which into the territory is subject to quantitative restrictionmay be importedby a consular officer or employee over and above any quota or other quantitative limit applicable at the same times and on the same conditions as would have entitled them, had they been liable for any taxes or duties Imposedupon, or by reason of, importation, to exemption therefromunder the foregoing provisions of this Article." By means of themost favored nation clause'ln the United States--MexicoTreaty, the above privileges and immunities, with regard to taxes and quantitative limits in the Irish Treaty, are also granted to Mexico. We hold, therefore, that a Mexican Consul stationed in Texas is not controlledby the importationrestrictions In the Liquor ControlAct with regard to Importing liquor for use by the Consular officers.

In light of Article 14, Section 3(a) of the Irish Treaty above, however, It does not appear unreasonable to require the Mexican Consulate to give notification of imports to the Texas Liquor ControlBoard.

SUMMARY

A Mexican Consul stationed in a city in the State of Texas need not complywith the

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provisions of the Texas Liquor Control Act when Importing liquor Into the State of Texas for use by Consular officials. Respectfully submitted,
WAGGONER CARR Attorney General of Texas

torney General BSC/lh
APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Pat Bailey Wayne Rodgers Charles Swanner Robert Norris
APPROVED FOR THE ATTORNFiY GENERAL BY: Roger Tyler

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