Narrative:

Poor sjo traffic control resulting in near miss. Clearance out of sjo was via runway 07/ramon department/radon transition/climb to 12000 ft. WX was scattered clouds/visibility approximately 7 mi. Before takeoff, no TA's were given, but upon gear retraction, tower advised B737 traffic 2 O'clock inbound to VOR at 6300 ft MSL. We were unable visual, but TCASII showed the traffic. Upon commencing our right turn per departure procedure, we picked up the traffic visually. It was at 2-3 mi/12 O'clock/400 ft above our altitude and descending. Continuing the departure procedure, which is designed to avoid the mountains, would have resulted in a sure mid air collision. In order to avoid such, we were forced to abandon the procedure by leveling the aircraft and discontinuing the turn, avoiding the hills by maintaining visual contact. We also maintained visual with the traffic and maneuvered in behind and climbed above it. It is very important to note that the maneuvering options are very limited when departing runway 07 in the valley of el cocoa airport. Although it was difficult to determine what the traffic's clearance was, controller spoke spanish to traffic and english to us. He was descending inbound to the VOR. He crossed the VOR at 5000 ft according to TCASII. The approach procedure starts at the VOR at 7000 ft. Our department procedure has us crossing at 7000 ft outbound as well. When the traffic descended through our altitude, he was within 1 mi of our aircraft. After clearing the traffic, we continued climb and barely made our VOR. Crossing restr at the VOR, due to the evasive action taken to avoid the inbound traffic. Again, no TA's were given before takeoff. Had there been, we certainly would have delayed takeoff. Next, never did the controller revise our altitude clearance nor the traffic inbound. Inbound aircraft never altered course. The inbound traffic must have been on a visual approach, because he crossed the VOR around 5000 ft, yet he never saw us, or at least never tried to avoid us. Last, TCASII was an immeasurable help in helping us pick up the traffic.

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Original NASA ASRS Text

Title: POTENTIAL CONFLICT LTSS IN FOREIGN AIRSPACE.

Narrative: POOR SJO TFC CTL RESULTING IN NEAR MISS. CLRNC OUT OF SJO WAS VIA RWY 07/RAMON DEPT/RADON TRANSITION/CLB TO 12000 FT. WX WAS SCATTERED CLOUDS/VISIBILITY APPROX 7 MI. BEFORE TKOF, NO TA'S WERE GIVEN, BUT UPON GEAR RETRACTION, TWR ADVISED B737 TFC 2 O'CLOCK INBOUND TO VOR AT 6300 FT MSL. WE WERE UNABLE VISUAL, BUT TCASII SHOWED THE TFC. UPON COMMENCING OUR R TURN PER DEP PROC, WE PICKED UP THE TFC VISUALLY. IT WAS AT 2-3 MI/12 O'CLOCK/400 FT ABOVE OUR ALT AND DSNDING. CONTINUING THE DEP PROC, WHICH IS DESIGNED TO AVOID THE MOUNTAINS, WOULD HAVE RESULTED IN A SURE MID AIR COLLISION. IN ORDER TO AVOID SUCH, WE WERE FORCED TO ABANDON THE PROC BY LEVELING THE ACFT AND DISCONTINUING THE TURN, AVOIDING THE HILLS BY MAINTAINING VISUAL CONTACT. WE ALSO MAINTAINED VISUAL WITH THE TFC AND MANEUVERED IN BEHIND AND CLBED ABOVE IT. IT IS VERY IMPORTANT TO NOTE THAT THE MANEUVERING OPTIONS ARE VERY LIMITED WHEN DEPARTING RWY 07 IN THE VALLEY OF EL COCOA ARPT. ALTHOUGH IT WAS DIFFICULT TO DETERMINE WHAT THE TFC'S CLRNC WAS, CTLR SPOKE SPANISH TO TFC AND ENGLISH TO US. HE WAS DSNDING INBOUND TO THE VOR. HE CROSSED THE VOR AT 5000 FT ACCORDING TO TCASII. THE APCH PROC STARTS AT THE VOR AT 7000 FT. OUR DEPT PROC HAS US XING AT 7000 FT OUTBOUND AS WELL. WHEN THE TFC DSNDED THROUGH OUR ALT, HE WAS WITHIN 1 MI OF OUR ACFT. AFTER CLRING THE TFC, WE CONTINUED CLB AND BARELY MADE OUR VOR. XING RESTR AT THE VOR, DUE TO THE EVASIVE ACTION TAKEN TO AVOID THE INBOUND TFC. AGAIN, NO TA'S WERE GIVEN BEFORE TKOF. HAD THERE BEEN, WE CERTAINLY WOULD HAVE DELAYED TKOF. NEXT, NEVER DID THE CTLR REVISE OUR ALT CLRNC NOR THE TFC INBOUND. INBOUND ACFT NEVER ALTERED COURSE. THE INBOUND TFC MUST HAVE BEEN ON A VISUAL APCH, BECAUSE HE CROSSED THE VOR AROUND 5000 FT, YET HE NEVER SAW US, OR AT LEAST NEVER TRIED TO AVOID US. LAST, TCASII WAS AN IMMEASURABLE HELP IN HELPING US PICK UP THE TFC.

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.