Narrative:

Flying south near sfd VOR under maiquetia control, an air carrier flight passed approximately 4 mi off our left wing at same flight level (FL350). We had traffic on TCASII and in sight and received a TA alert. Supplemental information from acn 545571: we were VFR above all clouds and had the aircraft in sight the entire time. Miq seemed confused at air carrier Y being at our position. We had previously requested a climb to FL370, but had not yet received clearance to climb. Air carrier Y questioned center on their intentions for both aircraft and if they knew we were co-altitude in the same vicinity.

Google
 

Original NASA ASRS Text

Title: B767 AND A FOREIGN ACR HAD LESS THAN LEGAL SEPARATION IN SVZM CLASS A AIRSPACE.

Narrative: FLYING S NEAR SFD VOR UNDER MAIQUETIA CTL, AN ACR FLT PASSED APPROX 4 MI OFF OUR L WING AT SAME FLT LEVEL (FL350). WE HAD TFC ON TCASII AND IN SIGHT AND RECEIVED A TA ALERT. SUPPLEMENTAL INFO FROM ACN 545571: WE WERE VFR ABOVE ALL CLOUDS AND HAD THE ACFT IN SIGHT THE ENTIRE TIME. MIQ SEEMED CONFUSED AT ACR Y BEING AT OUR POS. WE HAD PREVIOUSLY REQUESTED A CLB TO FL370, BUT HAD NOT YET RECEIVED CLRNC TO CLB. ACR Y QUESTIONED CTR ON THEIR INTENTIONS FOR BOTH ACFT AND IF THEY KNEW WE WERE CO-ALT IN THE SAME VICINITY.

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.