B737-800
Flight Crew Air Transport Pilot (ATP)
Flight Crew Last 90 Days 50; Flight Crew Total 13626; Flight Crew Type 3300
Confusion; Situational Awareness
Airspace Violation All Types; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural Clearance
General None Reported / Taken
Company Policy; Human Factors; Procedure
During a ferry flight; we were cleared 'as filed.' Final cruise altitude was FL310 TO BE MAINTAINED till DAVOL intersection which was our filed 'TOD' (top of descent). We received positive clearance to follow such flight plan from BOTH Kingston Center AND Havana Control. Upon later review of our flight we (my Captain and I) came to question the legality of such company approved flight plan since even if we're properly cleared by Havana Control to enter their airspace at FL310 (as per our flight plan approved and filed by our company dispatch department) we should have crossed DAVOL intersection (Cuban airspace entry gate) at an altitude below FL180. Since Cuban AFS for military protocol requires to be conducted under VFR denying them of altitude at or above FL180. Our concern as a flight crew is that because the current lack of proper training and supervision of some of our dispatchers; other crews may be misled in following company approved flight planning; illegal in nature leading to a violation with punitive consequences; if not worse.In the future we will be extremely critical of future services provided by our company dispatch while reassured proper remedial training has been provided and improved supervision is in place. Safety through knowledge and professionalism should be the common goal.
B737 First Officer believes that his flight to MUGM may have entered Cuban airspace at an inappropriate altitude since Cuban AFS for military protocol requires flights to be conducted under VFR denying them of altitude at or above FL180.