Ga. Comp. R. & Regs. R. 560-2-15-.06 - Consuls

(1) This Rule is promulgated pursuant to the Vienna Convention on Consular Relations of April 24, 1963, 21 U.S.T. 77, T.I.A.S. 6820, and other treaties in force between the United States of America and foreign states on the subject of consular relations.

(a) The purpose of this Regulation is to provide a procedure for extending certain exemptions guaranteed by these treaties to Consular Officers located in Georgia.

(2) The tax imposed by the Act is an excise tax levied upon the first purchase or sale of Alcoholic Beverages imported into Georgia.

(a) Where a Consular Officer imports Alcoholic Beverages directly from abroad or from a federally bonded warehouse for the official use of the Consular Post or for the personal use of the Consular Officer or members of his family forming part of his household, the transaction is exempt from Georgia Alcoholic Beverages excise tax under the multilateral consular convention referred to in paragraph (1) of this Rule if the Consular Officer's sending state is a party to the convention or another treaty with the United States of similar import.

(3) Consular Officers are authorized to purchase and import directly from abroad and from federally bonded warehouses located in the United States Alcoholic Beverages free from Georgia Alcoholic Beverages excise tax under the procedures and subject to the restrictions set forth in this Rule.

(a) Consular Officers may purchase tax-free Alcoholic Beverages directly from abroad by notifying the Department of the proposed importation on a form provided by the Department;

(b) Consular Officers may purchase tax-free Alcoholic Beverages from a federally bonded warehouse by submitting purchase orders to the Alcohol and Tobacco Division, on a form provided by the Department, executed by the head of the Consular Post making the purchase;

1. Upon approval of the order by the Department, the Department shall forward the order to the designated federally bonded warehouse with authorization for shipment of the Alcoholic Beverages directly to the Consular Post.

(c) Shipment by the federally bonded warehouse shall be only to the consular premises and shall be accomplished in such manner and under such documentation as the Department may require.

(4) The Commissioner exercises the plenary regulatory power over Alcoholic Beverages granted to the State of Georgia by the Twenty-First Amendment to the Constitution of the United States, and the authority of Consular Officers to import tax-free Alcoholic Beverages is expressly conditioned upon compliance with the requirements of this Rule, including following the requirements that the Alcoholic Beverages which may be imported tax free under this Rule must be intended for consumption only and shall not exceed the quantity necessary for direct use by the persons concerned.

(5) In the event the Alcoholic Beverage product desired to be purchased is available from a Georgia licensed Wholesaler and is one in which excise taxes are collected and paid by a reporting system, the Commissioner may authorize tax-free purchases from such licensed Georgia Wholesalers.

Notes

Ga. Comp. R. & Regs. R. 560-2-15-.06

O.C.G.A. §§ 3-2-2, 3-2-6, 48-2-12.

Original Rule entitled "Rental Agreements concerning Premises Used fur Bingo Operations; Other Payments" was filed as Emergency Rule 560-2-15-0.3-.06 on December 27, 1978, having become effective on December 22, 1978, the date of adoption, to remain in effect for a period of 120 days or until the adoption of a permanent Rule superseding this Emergency Rule, as specified by the Agency. Amended: Permanent Rule of the same title adopted superseding Emergency Rule 560-2-15-0.3-.06 . Filed February 23, 1979; effective March 15, 1979. Amended: Rule repealed. Filed August 22, 1980; effective September 11, 1980. Amended: New Rule entitled "Consuls" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010. Note: Correction of typographical error in Rule History, in accordance with Rule History published in Official Compilation Rules and Regulations of the State of Georgia, "Amended: New Rule entitled "Consuls - Military & Consuls" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010." corrected to" Amended: New Rule entitled "Consuls" adopted. F. Oct. 1, 2010; eff. Oct. 21, 2010." Effective June 20, 2023. Amended: F. May 31, 2023; eff. June 20, 2023.