B767-200 CABIN ATTENDANTS FOUND FOREIGN PAX HAD SMOKED IN LAVATORY AND WAS RESISTIVE TO BE SEATED. ALSO; SMELLED OF SMOKE AND ALCOHOL AND RESISTED BEING SEATED.

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ENRTE TO NEW YORK; I WAS THE PURSER AND CALLED AND NOTIFIED BY INTERPHONE THAT A PAX HAD SMOKED IN THE AFT LAVATORY. I IMMEDIATELY WENT AFT AND FOUND HIM STANDING OUTSIDE LAVATORY AND ABOUT 4 FLT ATTENDANTS NEAR HIM. I INTRODUCED MYSELF AND ASKED HIM WHAT THE PROB WAS. HE SAID 'THEY (FLT ATTENDANTS) THINK I WAS SMOKING IN THE LAVATORY.' I ASKED HIM IF IT WAS TRUE AND HE DENIED IT AND SAID 'YOU CAN'T PROVE IT.' HE SMELLED OF SMOKE AND ALSO THE LAVATORY. I EXPLAINED THE RULES AND THE CONSEQUENCES FOR NOT COMPLYING. HE BECAME VERY ARGUMENTATIVE AND FINALLY ADMITTED AND SHOWED ME HIS CIGARETTES. I TOOK THEM AND TOLD HIM TO RETURN TO HIS SEAT; FASTEN HIS BELT AND REMAIN THERE. THE MALE FLT ATTENDANT REPEATED MY DIRECTIVE AND THE PAX SLOWLY RETURNED TO BUSINESS CLASS AND FELL ASLEEP. THIS PAX; I WAS INFORMED; HAD A NUMBER OF ALCOHOLIC DRINKS AND HIS SPEECH WAS SLOW AND A BIT SLURRED. IT WAS OBVIOUS THAT THE RULES DIDN'T APPLY TO HIM. AFTER THE INCIDENT; I ALSO LEARNED THAT THIS PAX WAS ANNOYED EARLIER BECAUSE HIS WIFE WAS IN COACH AND WE WOULDN'T JUST MOVE HER UP. HE ALSO ASKED IF HE COULD HAVE A PUFF AND WAS OBVIOUSLY TOLD NO. HE WAS NOT A CITIZEN AND DIDN'T MUCH CARE ABOUT OUR RULES. LATER; THE AIR MARSHALS INFORMED ME THAT IF HE WAS NOT A UNITED STATES CITIZEN THERE WAS NOTHING WE COULD DO TO FINE HIM OR PROSECUTE.