B767 and a foreign air carrier had less than legal separation in svzm class a airspace.

Attributes
ACN	545579
Time
Date	200204
Day	Sat
Local Time Of Day	0001 To 0600
Place
Locale Reference	atc facility : svzm.artcc
State Reference	FO
Altitude	msl single value : 35000
Aircraft 1
Controlling Facilities	artcc : svzm.artcc
Operator	common carrier : air carrier
Make Model Name	B767 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	cruise : level
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : svzm.artcc
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : commercial
ASRS Report	545579
Person 2
Affiliation	company : air carrier
Function	flight crew : relief pilot
Qualification	pilot : multi engine pilot : commercial pilot : instrument
ASRS Report	545571
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation non adherence : published procedure
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb
Resolutory Action	flight crew : took precautionary avoidance action
Consequence	other
Miss Distance	horizontal : 24000 vertical : 0
Supplementary
Problem Areas	ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

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.

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.