Narrative:

Air carrier X, managua, nicaragua, to mia. Cleared to mia via fpr to maintain FL350 and squawk 3143. After atuni intersection cleared by havana center, as being in radar contact, to varder VOR direct, FL350. In vicinity of varder VOR on northbound heading on autoplt with omega connected, I observed through coplts side window air carrier Y approximately 1000' horizontally and 200' vertically below in a shallow (15 degree) left climbing turn, flying directly into our flight path. I took evasive action with 45 degree left bank and descending turn to avoid. Air carrier Y requested havana submit report of incident. Air carrier Y informed havana center that he almost had a mid-air collision with air carrier X, I confirmed this with havana and was told to contact mia center. I informed mia center of near miss and requested information from havana. Frequency in use with havana center was 120.3 which seems to be havana approach control. My concern is whether cuba can maintain their radar and navigation equipment now that russia has cut back support, and if this is a fact, can we (USA) help them, or restrict flying over their territory. Air carrier Y flying westbound at that time of day and VMC would have sun in his eyes, and I know he never saw me until I made my brake. Havana center did say that air carrier Y was cleared to FL370.

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Original NASA ASRS Text

Title: ACR Y CLIMB THROUGH OCCUPIED ALT HAD LESS THAN STANDARD SEPARATION FROM ACR X. SYSTEM ERROR.

Narrative: ACR X, MANAGUA, NICARAGUA, TO MIA. CLRED TO MIA VIA FPR TO MAINTAIN FL350 AND SQUAWK 3143. AFTER ATUNI INTXN CLRED BY HAVANA CTR, AS BEING IN RADAR CONTACT, TO VARDER VOR DIRECT, FL350. IN VICINITY OF VARDER VOR ON NBND HDG ON AUTOPLT WITH OMEGA CONNECTED, I OBSERVED THROUGH COPLTS SIDE WINDOW ACR Y APPROX 1000' HORIZLY AND 200' VERTICALLY BELOW IN A SHALLOW (15 DEG) L CLBING TURN, FLYING DIRECTLY INTO OUR FLT PATH. I TOOK EVASIVE ACTION WITH 45 DEG L BANK AND DSNDING TURN TO AVOID. ACR Y REQUESTED HAVANA SUBMIT RPT OF INCIDENT. ACR Y INFORMED HAVANA CTR THAT HE ALMOST HAD A MID-AIR COLLISION WITH ACR X, I CONFIRMED THIS WITH HAVANA AND WAS TOLD TO CONTACT MIA CTR. I INFORMED MIA CTR OF NEAR MISS AND REQUESTED INFO FROM HAVANA. FREQ IN USE WITH HAVANA CTR WAS 120.3 WHICH SEEMS TO BE HAVANA APCH CTL. MY CONCERN IS WHETHER CUBA CAN MAINTAIN THEIR RADAR AND NAV EQUIP NOW THAT RUSSIA HAS CUT BACK SUPPORT, AND IF THIS IS A FACT, CAN WE (USA) HELP THEM, OR RESTRICT FLYING OVER THEIR TERRITORY. ACR Y FLYING WBND AT THAT TIME OF DAY AND VMC WOULD HAVE SUN IN HIS EYES, AND I KNOW HE NEVER SAW ME UNTIL I MADE MY BRAKE. HAVANA CTR DID SAY THAT ACR Y WAS CLRED TO FL370.

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.