Narrative:

Coming out of chilean airspace at FL310 into peru. At waypoint iremi (XA35Z) we got a TCASII alert and saw on the instantaneous vertical speed indicator the approaching aircraft was at 12 O'clock and same altitude. We got a hard RA to descend. The captain took immediate action to the left of track. We called lima control to give position report and lima control did not mention anything about traffic until we asked about the traffic. Lima control then said traffic at 12 O'clock was at FL290. We requested for him to check because we were assigned FL310, and at that level the other aircraft going sbound was at the same level. Lima control insisted that the foreign air carrier B737 was at FL290. After making several requests to contact the foreign air carrier B737, he did. Lima controller called and the foreign air carrier flight responded to be assigned FL310. Lima control asked him who authority/authorized, or better, nobody authority/authorized him to be at FL310. Lima control and the foreign air carrier flight captain were arguing in spanish the whole time.

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Original NASA ASRS Text

Title: B747 AND B737 HAD AN NMAC IN SOUTH AMERICAN AIRSPACE.

Narrative: COMING OUT OF CHILEAN AIRSPACE AT FL310 INTO PERU. AT WAYPOINT IREMI (XA35Z) WE GOT A TCASII ALERT AND SAW ON THE INSTANTANEOUS VERT SPD INDICATOR THE APCHING ACFT WAS AT 12 O'CLOCK AND SAME ALT. WE GOT A HARD RA TO DSND. THE CAPT TOOK IMMEDIATE ACTION TO THE L OF TRACK. WE CALLED LIMA CTL TO GIVE POS RPT AND LIMA CTL DID NOT MENTION ANYTHING ABOUT TFC UNTIL WE ASKED ABOUT THE TFC. LIMA CTL THEN SAID TFC AT 12 O'CLOCK WAS AT FL290. WE REQUESTED FOR HIM TO CHK BECAUSE WE WERE ASSIGNED FL310, AND AT THAT LEVEL THE OTHER ACFT GOING SBOUND WAS AT THE SAME LEVEL. LIMA CTL INSISTED THAT THE FOREIGN ACR B737 WAS AT FL290. AFTER MAKING SEVERAL REQUESTS TO CONTACT THE FOREIGN ACR B737, HE DID. LIMA CTLR CALLED AND THE FOREIGN ACR FLT RESPONDED TO BE ASSIGNED FL310. LIMA CTL ASKED HIM WHO AUTH, OR BETTER, NOBODY AUTH HIM TO BE AT FL310. LIMA CTL AND THE FOREIGN ACR FLT CAPT WERE ARGUING IN SPANISH THE WHOLE TIME.

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.