POTENTIAL CONFLICT LTSS IN FOREIGN AIRSPACE.

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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.