Narrative:

We were cruising at FL390 en route to st petersburg, fl. South of sesil intersection we were in contact with guayaquil control. We requested FL430 and were cleared to climb and maintain FL430. Climbing through FL410, we met an unidented aircraft (aircraft #2) which we believe to be an air carrier flight which appeared to be sbound at FL410. Aircraft #2 passed off our left side. We had visual contact with aircraft #2 for 1-2 mins prior to it passing and we were aware that aircraft #2 had us in sight because aircraft #2 flashed its recognition lights. Presumably, aircraft #2 was equipped with TCASII and it did not appear that aircraft #2 took evasive action. Both crew members of our aircraft confirmed that guayaquil had cleared our flight from FL390 to FL430. Because aircraft #2 was presumably speaking to bogata control, there was no opportunity for aircraft #1 and aircraft #2 to communicate. The problem was obviously the lack of coordination between bogata control and guayaquil control and/or the inappropriate authority/authorized by guayaquil control to clear our flight to FL430. Callback conversation with reporter revealed the following information: reporter stated that after switch over to bogata control, they were asked if they received a climb clearance from guayaquil control. After responding, they were told that they might want to file an international report which to the reporter implied that the guayaquil controller should not have climbed reporter's aircraft. Reporter speculates that the air carrier may have said something to bogata about the climbing traffic resulting in the question to the reporter. Reporter indicated that the air carrier may have been switched to guayaquil about the time they were switched to bogata and was unable to contact the air carrier about the incident. Reporter stated he should have gone back to the other frequency and had the air carrier come up on a discreet frequency to discuss the matter. Reporter has not heard anything more about the incident. Reporter was the PF and thought the air carrier aircraft was a B757.

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Original NASA ASRS Text

Title: POTENTIAL CONFLICT LOSS OF STANDARD SEPARATION WHEN CGA LR35 CLBING NBOUND ENCOUNTERS SBOUND ACR Y AT FL410. RPTR CLAIMS BOTH ACFT HAD EACH OTHER IN SIGHT AND THAT NO EVASIVE ACTION WAS TAKEN. RPTR ALLEGES ACR Y WAS PROBABLY UNDER CTL OF ANOTHER ATC FACILITY AND THAT THERE WAS A LACK OF INTERFAC COORD BTWN THE FACILITIES OR THAT THE CLB CLRNC WAS INAPPROPRIATE.

Narrative: WE WERE CRUISING AT FL390 ENRTE TO ST PETERSBURG, FL. S OF SESIL INTXN WE WERE IN CONTACT WITH GUAYAQUIL CTL. WE REQUESTED FL430 AND WERE CLRED TO CLB AND MAINTAIN FL430. CLBING THROUGH FL410, WE MET AN UNIDENTED ACFT (ACFT #2) WHICH WE BELIEVE TO BE AN ACR FLT WHICH APPEARED TO BE SBOUND AT FL410. ACFT #2 PASSED OFF OUR L SIDE. WE HAD VISUAL CONTACT WITH ACFT #2 FOR 1-2 MINS PRIOR TO IT PASSING AND WE WERE AWARE THAT ACFT #2 HAD US IN SIGHT BECAUSE ACFT #2 FLASHED ITS RECOGNITION LIGHTS. PRESUMABLY, ACFT #2 WAS EQUIPPED WITH TCASII AND IT DID NOT APPEAR THAT ACFT #2 TOOK EVASIVE ACTION. BOTH CREW MEMBERS OF OUR ACFT CONFIRMED THAT GUAYAQUIL HAD CLRED OUR FLT FROM FL390 TO FL430. BECAUSE ACFT #2 WAS PRESUMABLY SPEAKING TO BOGATA CTL, THERE WAS NO OPPORTUNITY FOR ACFT #1 AND ACFT #2 TO COMMUNICATE. THE PROB WAS OBVIOUSLY THE LACK OF COORD BTWN BOGATA CTL AND GUAYAQUIL CTL AND/OR THE INAPPROPRIATE AUTH BY GUAYAQUIL CTL TO CLR OUR FLT TO FL430. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT AFTER SWITCH OVER TO BOGATA CTL, THEY WERE ASKED IF THEY RECEIVED A CLB CLRNC FROM GUAYAQUIL CTL. AFTER RESPONDING, THEY WERE TOLD THAT THEY MIGHT WANT TO FILE AN INTL RPT WHICH TO THE RPTR IMPLIED THAT THE GUAYAQUIL CTLR SHOULD NOT HAVE CLBED RPTR'S ACFT. RPTR SPECULATES THAT THE ACR MAY HAVE SAID SOMETHING TO BOGATA ABOUT THE CLBING TFC RESULTING IN THE QUESTION TO THE RPTR. RPTR INDICATED THAT THE ACR MAY HAVE BEEN SWITCHED TO GUAYAQUIL ABOUT THE TIME THEY WERE SWITCHED TO BOGATA AND WAS UNABLE TO CONTACT THE ACR ABOUT THE INCIDENT. RPTR STATED HE SHOULD HAVE GONE BACK TO THE OTHER FREQ AND HAD THE ACR COME UP ON A DISCREET FREQ TO DISCUSS THE MATTER. RPTR HAS NOT HEARD ANYTHING MORE ABOUT THE INCIDENT. RPTR WAS THE PF AND THOUGHT THE ACR ACFT WAS A B757.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.