Narrative:

We had been level and with lima center since leveloff. We were crossing mar at FL350 when we noticed what was a foreign air carrier B767 coming from rear left of our position. He was at the same altitude and appeared to be heading on a crossing path using mar. The foreign air carrier had already started a turn away from us when we received a TCASII alert message. We called lima and told them of the conflict. Confusion from lima followed by an immediate descent to FL330. All conversation to and from the foreign air carrier in spanish. The foreign air carrier then recrossed our path from right to left at FL350. We then received a climb back to FL350. Believe it was flight XXX. Confusion on use of many languages did not allow us to follow up on position reports of other aircraft prior to mar. No close encounter between aircraft ever existed due to maneuver by the foreign air carrier who was overtaking us.

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Original NASA ASRS Text

Title: B757 AND B767 HAD LESS THAN LEGAL SEPARATION WHEN ARTCC RADAR CTLR DID NOT NOTICE THEY WERE AT THE SAME ALT. B767 ACFT WAS BEING CTLED IN SPANISH.

Narrative: WE HAD BEEN LEVEL AND WITH LIMA CTR SINCE LEVELOFF. WE WERE XING MAR AT FL350 WHEN WE NOTICED WHAT WAS A FOREIGN ACR B767 COMING FROM REAR L OF OUR POS. HE WAS AT THE SAME ALT AND APPEARED TO BE HDG ON A XING PATH USING MAR. THE FOREIGN ACR HAD ALREADY STARTED A TURN AWAY FROM US WHEN WE RECEIVED A TCASII ALERT MESSAGE. WE CALLED LIMA AND TOLD THEM OF THE CONFLICT. CONFUSION FROM LIMA FOLLOWED BY AN IMMEDIATE DSCNT TO FL330. ALL CONVERSATION TO AND FROM THE FOREIGN ACR IN SPANISH. THE FOREIGN ACR THEN RECROSSED OUR PATH FROM R TO L AT FL350. WE THEN RECEIVED A CLB BACK TO FL350. BELIEVE IT WAS FLT XXX. CONFUSION ON USE OF MANY LANGUAGES DID NOT ALLOW US TO FOLLOW UP ON POS RPTS OF OTHER ACFT PRIOR TO MAR. NO CLOSE ENCOUNTER BTWN ACFT EVER EXISTED DUE TO MANEUVER BY THE FOREIGN ACR WHO WAS OVERTAKING US.

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.