FLC MISUNDERSTANDS ATC CLB INSTRUCTION.

Narrative

AT XA57Z ON SEP/XA/95 OVER MIQ AT FL330 WE REQUESTED DIRECT TO ALBOG (THIS IS GOOD BECAUSE IT GAVE US LATERAL SEPARATION FOR THE IMPENDING NEAR MISS). AFTER CLRING US; MIQ CTR SAID SOMETHING ABOUT FL350 AND XA59. I SAID; 'CONFIRM CLB TO FL350 AND SAY AGAIN ABOUT XA59.' MIQ CTR THEN SAID SAME UNINTELLIGIBLE THING. I REPEATED MY RESPONSE AND GOT SIMILAR RESPONSE. I THEN SAID THINKING THERE WAS A TFC CONFLICT; CONFIRM CLB TO FL350 FOR ACR XX. I THEN GOT AN AFFIRMATIVE RESPONSE FROM CTR. WE STARTED TO CLB AND AT ABOUT FL338 GOT A TA AT 12 O'CLOCK. BEFORE MUCH COULD BE SAID AS WE LOOKED TO ASSESS THE SIT WE SAW THE TFC ABOVE AND AHEAD OF US AND GOT AN RA. THE OTHER FO HAD JUST COME BACK FROM HIS BREAK AND DID NOT IMMEDIATELY RESPOND SO I TURNED OFF THE AUTOPLT AND FOLLOWED THE RA. THE RA WAS A 1500 FPM DSCNT. I ESTIMATE THE CLOSEST WE GOT WAS 5 MI AND 500 FT. AFTER 2 ATTEMPTS TO CLARIFY OUR ALT WE FINALLY GOT CONFIRMATION WE WERE TO BE AT FL330. THIS WAS A CLR CASE OF LANGUAGE BARRIER PROBS THAT I TRIED TO HELP BY CLRLY AND SLOWLY SAYING CONFIRM CLB TO. THIS OBVIOUSLY WAS INSUFFICIENT WITH THE MINIMUM ENGLISH SPOKEN BY THE CTLR. FOLLOWING THE INCIDENT WE SPOKE TO THE CONFLICTING ACR FLT ON 130.55 AND THEY SAID MAYBE WE SHOULD NOT CLB TO CONFLICTING ALTS. I AGREE WE SHOULD QUERY THESE KINDS OF CLRNCS. BUT THERE IS A POINT WHEN YOU HAVE TO TRUST AND RESPOND TO ATC ESPECIALLY WHEN THERE IS A POSSIBLE CONFLICT. I DON'T KNOW HOW TO PREVENT THIS IN THE FUTURE OTHER THAN SPEAK SLOWLY AND RECONFIRM THE CLRNC. ALSO THE ACR FLT FILED A NEAR MISS IN THE AIR WITH DISPATCH. SUPPLEMENTAL INFO FROM ACN 317419: THEN WE SWITCHED FREQS. NEXT SECTOR AND NEXT CTLR STATED THAT WE WERE NOT CLRED TO FL350. I'VE BEEN FLYING TO SOUTH AMERICA FOR ALMOST 3 YRS NOW AND KNOW THE LINGO I THINK; AND THERE WAS NO DOUBT IN MY MIND OR FO'S MIND AS TO OUR CLRNC. SUPPLEMENTAL INFO FROM ACN 317420: WHEN WE LANDED AT GRU I CALLED DISPATCH AND FILED A VERBAL NEAR MISS RPT. IT WOULD APPEAR THAT LANGUAGE PROBS CONTINUE TO BE A NEAR AND PRESENT THREAT.