AN ACR LGT CREW DSNDED IN RESPONSE TO A TCASII COMMAND OVER INTL WATERS.

Narrative

AFTER A NORMAL DEP AND DURING CLB; APPROX 50 MI S OF CUBA'S ADIZ AND THE PUTUL INTXN; WE CHKED IN WITH HAVANA CTR AND ADVISED THEM OF OUR POS AND OUR ETA FOR PUTUL. HAVANA RETURNED AND ASKED US TO CHK OVER PUTUL AND CLB TO FL350. WE CHKED PUTUL INTXN AT XA07Z; CLBING FROM FL250 TO FL350 AND REQUESTED PUTUL DIRECT URSUS INTXN. HAVANA APPROVED OUR REQUEST AND TOLD US TO SQUAWK CODE Y. PROCEEDING DIRECT TO URSUS AND STILL IN OUR CLB; AT APPROX 55-60 MI N OF PUTUL; TCASII PICKED UP A WEAK TARGET ON SCREEN. ADJUSTMENTS WERE MADE TO GET A MORE POSITIVE RETURN. WHILE STILL CLBING THROUGH FL320; WE HAD A POSITIVE TARGET ON TCASII; FL330; 5-6 MI ON A HEAD-ON COURSE TO US. AT THIS TIME WE PICKED UP TFC VISUALLY AND TOOK EVASIVE ACTION; BY DSNDING TO AVOID TFC. WE WERE CLBING AT A RATE OF 500 FPM WHEN WE BEGAN OUR DSCNT AT A RATE GREATER THAN 1000 FPM. WHEN CLB WAS STOPPED; TCASII SHOWED US 500 FT BELOW TFC. AFTER WE WERE CLR OF CONFLICT; I CALLED HAVANA AND TOLD HIM WE WERE IN A DSCNT. I ASKED IF THERE WAS ANY OTHER TFC WE COULD COME IN CONFLICT WITH. HIS REPLY WAS TO MAINTAIN FL320. I QUESTIONED HIM AS TO WHY WE WERE NOT ADVISED OF THIS TFC. HIS REPLY WAS 'YOU ARE CLRED TO CLB TO FL350 AND THAT WE WERE CLR.' HE AVOIDED ANY OF MY QUESTIONS AS TO WHAT WENT WRONG. THE OTHER FLT WAS A FOREIGN ACR; FL330; PROCEEDING FROM ALEGRE INTXN TO TOTON INTXN FROM MIA TO KIN. HE HAD BEEN DEVIATING. THROUGHOUT THE EVENT; TCASII OPERATED CORRECTLY; DISPLAYING; IN SEQUENCE; ALL OF THE ALERTS AS WELL AS COMMANDS. COMMANDS CAME AFTER WE STARTED EVASIVE ACTION; THE FINAL COMMAND BEING 'EXCESSIVE RATE OF DSCNT.' AT NO TIME WERE THERE EXCESSIVE LOADS PUT ON THE ACFT. SUPPLEMENTAL INFO FROM ACN 248645: THE CONTRIBUTING FACTORS IN MY OPTION WAS THE LACK OF COM BTWN KINGSTON CTR AND HAVANA CTR. I SAY THIS BECAUSE DURING OUR HDOF FROM KINGSTON THEY ASKED US TO REQUEST THAT HAVANA GIVE THEM A CALL ON THE TELEPHONE BECAUSE THEY COULD NOT GET THROUGH.