ICAO REPORT

Exhibit D

- 22 -

B. TRANSCRIPT OF RADIO COMMUNICATIONS AS RECORDED
ON BOARD N2506

The tape provided by the Brothers to the Rescue was recorded by the pilot of N2506 on 24 February 1996. The recorder used a microphone in the pilot's headset and thus recorded any radio and intercom communications as selected by the pilot at the time. Apart from the intercom in N2506, the communications were between: the three aircraft and including (lie Brothers to the Rescue Opa Locka hangar, VHF and possibly HF; Havana Centre; USN Key West, and Miami Radio. Various other aircraft appear in the text, these are conducting their routine communications with Havana ACC. The recording was partially in English and partially in Spanish. When the original language was Spanish, a translation into English has been provided and indicated by the use of italics. The United States provided a record of communications between the Brothers to the Rescue aircraft from 15:03 to 15:31 hours

The three Brothers to the Rescue aircraft are identified as:

N2506 Seagull One Code 1222
N2456S Seagull Charlie Code 1223 (first aircraft shot down)
N5485S Seagull Mike Code 1224 (second aircraft shot down)

TIME	STATION	Intercom	122.75 MHz	133.7 MHz
14:55:54	N2506 Seagull 1		I say do it
	N5485S Seagull M		Roger
14:56:00	N5485S Seagull M			Havana centre November five four eight five sierra
14:56:05	Havana ACC			Five four, eight five Sierra Havana .
14:56:08	N5485S Seagull M			November five four eight five sierra good morning we are crossing parallel twenty four.. at this moment and will remain in this area for approximately five hours
14:56:21	Havana ACC			Received, check transponder code
14:56:24	N54858 Seagull M			Eight five sierra with one two two four
14:56:36				In what area are you going to do your work?
14:56:39	N5485S Seagull M			Well that information is in our flight plan.
14:56:42	Havana ACC			I received that

-23 -

TIME	STATION	Intercom	122.75 MHz	133.7 MHz
	Havana ACC			Martinair six four Havana, radar contact one five miles south of ATUVI maintain three five zero
	Martinair 64			Roger maintain three five zero radar contact, Martinair six four
	N2456S Seagull C			er November ...
14:57:00	N2456S Seagull C			Havana centre November two four five six sierra
14:57:02	Havana ACC			Two four five six sierra Havana centre
14:57:06	N2456S Seagull C			Two four five six sierra transponder one two two three when crossing parallel twenty four in five minutes
14:57:10	Havana ACC			Roger
14:57:17	N2506 Seagull 1			Good afternoon Havana centre. Greetings from November two five zero six. Please, we should be crossing parallel twenty four in five minutes and staying in your area for about three to four hours transponder one two two two, at five hundred feet or more
14:57:32	Havana ACC			Havana centre here we copy
14:57:34	N2506 Seagull 1			Thank you very much
14:57:45	N2506 Seagull 1			Thanks.... for your information Havana centre today our area of operation is to the north of Havana, so we will be in your area and in contact with you. Brothers to the Rescue and myself, president of the organization Jose Basulto, send you warm greetings
14:57:57	Havana ACC			Received Sir, we inform you that the area north of Havana is activated you are taking a risk by flying south of twenty four
14:58:08	N2506 Seagull 1			We know that we are in danger each time we fly into the area south of twenty four but we are reedy, to do so as free Cubans
14:58:20	Havana ACC			Thank you we've copied you Sir

- 24 -

TIME	STATION	Intercom	122.75 MHz	133.7 MHz
14:58:27	N2506 Seagull 1			Thank you very much
Recorder switched off for an unknown length of time
	?			That is correct
	?	Negative, I am talking .. to go on, we are having both...
15:16:52	Cayman 201			Havana centre this is Cayman two zero one
15:16:55	Havana ACC		Good evening Cayman two zero one radar contact sir maintain two nine oh. Are you proceeding direct to .. anywhere? Cayo Largo or Vardar?
15:17:02	Cayman 201			We were going direct to ah TADPO but we would really appreciate a direct to Cavo Largo
15:17:07	Havana ACC			Well, due to warning area activated again in via TADPO sir, and your present heading will not take you direct to TADPO, er, from your present position heading to TADPO should be one four five, heading one forty five
15:17:21	Cayman 201			One forty five, Cayman two oh one
15:17:23	Havana ACC			Roger,
15:17:27	N2456S Seagull C		One, Charlie
	N2506 Seagull 1		Hi Charlie
15:17:31	N2456S Seagull C		You got that boat in front of you?
	N2506 Seagull 1		Ah, not yet about a mile
15:17:35	N2456S Seagull C		Its your eleven o'clock you've got a boat
15:17:37	Cayman 201			Havana Cayman two zero one
15:17:39	N2506 Seagull 1		Yeah, I am overflying the boat
15:17:41	N2456S Seagull C		Okay roger

-25-

TIME	STATION	Intercom	122.75 MHz	133.7 MHz
15:17:45	Havana ACC			Who is calling Havana now?
15:17:46	Cayman 201			Cayman two zero one. Is it your warning area that is active, or the US?
15:17:52	Havana ACC			Ah, it's mine sir it's in Havana airspace after twenty four north it's only ten miles to the west of the, er, Green four forty eight
15:18:01	Cayman 201			Okay sir we will go over to TADPO
	Havana ACC			Roger
15:18:09	N2506 Seagull 1		... checking the boat Out
15:18:14	N2456S Seagull C		.. we got you
	N5485S Seagull M		Mike is twenty three twenty eight, eighty two twenty nine do you want me to wait for you here?
15:18:26	N2506 intercom	Charlie wants to go
15:18:28	N2506 Seagull 1		Why not
	N5485S Seagull M		Roger
15:18:35	N5485S Seagull M		If you are going to be there a while I'd like to advertise also
15:18:39	N2506 intercom	Barbarous!
15:18:47	N2506 intercom	Would you like a close-up?
	N2506 intercom	What are you doing?
15:18:50	N2506 intercom	Go, go
15:18:50	N2506 intercom	I am going, going to take east now, Right?

-26-

TIME	STATION	Intercom	122.75 Mhz	133.7 Mhz
15:19:8	N5485S Seagull M		Mike is going to stay ground eighty two thirty
	N2506 intercom	... take to the east... inform home ... Look
15:19:36	N2506 intercom	... Yes take the east a little bit slanted, nor like east but a bit more
15:20:5	Havana ACC			US Air one eight seventy six er call Miami one three two point two, good day
15:20:10	US Air 1876			Thirty two two, one six
15:20:27	N2506 Seagull 1			Havana centre November two five zero six
15:20:29	Havana ACC			November two five zero six Havana
15:20:31	N2506 Seagull 1			Warm greetings. We report to you from twelve miles from Havana and proceed on our search and rescue course to the east. It's a beautiful day today and Havana looks just fine from up here. Cordial greetings to you and to all the people of Cuba from Brothers to the Rescue
15:20:50	Havana ACC			Havana received
15:20:52	N2506 intercom	before they did'nt even say that
15:20:53	Royal 561			Havana good afternoon Royal five six one heavy five point five for one zero
15:20:59	Havana ACC			Good afternoon Royal five fifty err sixty one, radar contact sir, one five miles out of Varadero, climb initially to flight level one zero zero
15:21:07	Royal 561			Climb maintain one zero zero, Royal five six one
15:21:10	Havana ACC			Martinair six four call Miami Center one three two point two
15:21:13	Martinair 64			Call Miami Center one three two point two have a nice day, thank you, bye bye
	N2506 intercom	twenty-nine... they throw a MiG at us...

-27-

TIME	STATION	Intercom	122.75 MHz	133.7 MHz
15:21:19			One Mike
15:21:20	N2506 intercom	barbarous
	N2506 intercom	They are going to shoot
15:21:26	N2506 intercom	wow, they are going to shoot us... how barbaric
	N2506 intercom	ha
15:21:35	Havana ACC			Cayman two zero one Havana proceed from present position direct to ATUVI intersection
	N2506 intercom	They will shoot us? Yes!
	N2506 intercom	They will shoot at us!..
	N2506 intercom	they are using that for...
15:21:37	N2506 intercom	.. there's a MiG coming ...MiG,
	N2506 intercom	poor Mike
15:21:42	Cayman 201			Present position direct to ATUVI,. Cayman two oh one, thank you
15:21:43	Havana ACC			Bye
15:21:51	Havana ACC			Havana Royal five sixty one Havana
	N2506 intercom	You see you see they shoot at us, this was a flare
15:21:53	Royal 561			Five sixty one go ahead
15:21:56	Havana ACC			Traffic is a Cessna 421 the same way located twelve o'clock level one two zero distance twenty miles
15:22:04	N2506 intercom	Okay, we have a MiG around
15:22:05	Royal 561			Okay, we'll keep an eye for it, five sixty one. He's twenty miles out is he?

- 28-

TIME	STATION	Intercom	122.75 MHz	133.7 MHz
15:22:12	Havana ACC			About 20 miles ahead.. Sir.. He's level one two zero on your same way
15:22:18	Royal 561			Okay thanks
15:22:19	N2506 intercom	We have a MiG around us
	N2506 intercom	...
15:22:23	N2506 intercom	Celia
	N2506 intercom	Look there, look at it
15:22:26	Havana ACC			Royal five sixty one whats your present heading sir?
15:22:28	N2506 Seagull 1		Seagull Charlie, Seagull One
	Royal 561			Royal five sixty one is head zero one zero
15:22:32	N5485S Seagull M		Seagull One there's a MiG in the air, bogie in the air, where are you?
	Havana ACC			...on heading
15:22:43	N2506 Seagull 1		The bogies are north of us at this time, they dropped a er flare apparently to take reference from
15:22:48	Royal 561			Vector two five zero, up to two four zero, Royal five sixty one
15:23:0	N5485S Seagull M		Seagull Charlie this is Seagull Mike?
15:23:20	N5485S Seagull M		Charlie Mike?
15:23:27	N5485S Seagull M		One have you heard from Charlie?
15:23:29	N2506 Seagull 1		Negative
15:23:36	N5485S Seagull M		What is your position?
15:23:43	N5485S Seagull M		Seagull Mike is two three three zero, eight two two nine

-29-

TIME	STATION	Intercom	122.75 MHz	133.7 MHz
15:23:47	N2506 Seagull 1		Okay we're two three two five, eight two two
15:23:55	N2506 Seagull 1		Seagull Charlie, Seagull Charlie
15:24:22	Cubana 9406			Havana centre Cubans nine four zero six good afternoon
15:24:26	Havana ACC			Nine four zero six good afternoon, radar contact climb to two seven zero
15:24:30	N2506 Seagull 1		Seagull Charlie, Seagull One
	Cubana 9406			..level two seven zero
15:24:33	N5485S Seagull M		Mike is with you
15:24:35	Havana ACC			Royal five sixty one resume own navigation direct Marathon, clear of traffic
15:24:39	N2506 Seagull 1		Seagull Charlie are you with us ?
15:24:45	N2506 Seagull 1		Seagull Mike are you with us ?
15:24:47	N5485S Seagull M		Yes Sir
15:24:51	N2506 Seagull 1		Ah, stand by
15:24:56	N2506 Seagull 1		Seagull Charlie Seagull One
15:25:03	N2506 Seagull 1		Seagull Charlie Seagull One
15:25:11	N2506 Seagull 1		Seagull Charlie Seagull One
15:25:23	N2506 Seagull 1		Seagull Charlie Seagull One
15:25:33	Opa Locka hanger		... come in ... come in
15:25:37	N2506 Seagull 1		Ah, trying to reach Seagull Charlie, no contact Seagull Charlie, do you.. do you copy?

- 30-

TIME	STATION	Intercom	122.75 MHz	133.7 MHz
15:25:48	Opa Locka hanger		here, go ahead, go ahead understand
15:25:53	N2506 Seagull 1		Go ahead Seagull Seagull Charlie
15:26:02	Opa Locka hanger		Go ahead One, go ahead one, go ahead Charlie
	Opa Locka hanger		Go ahead Charlie, go ahead Charlie bate, bate
15:27:02	N2506 intercom	Shit
15:27:04	Cuba	who is there?
15:27:08	N2506 Seagull 1		Seagull Mike Seagull One
15:27:10	N4585S Seagull M		I'm here, any word from Charlie?
15:27:11	N2506 Seagull 1		Negative
15:27:18	N4585S Seagull M		Do you want me to try? Well never mind
15:27:21	N2506 Seagull 1		Do you see that smoke to my ah, left?
15:27:25	N4585S Seagull M		I don't see anything now, I did see smoke
15:27:30	N2506 Seagull 1		Err, do you see smoke below the MiG?
15:27:33	N4585S Seagull M		I didn't see it, see the MiG I saw smoke and a flare
15:27:37	N2506 Seagull 1		I saw the MiG, I saw smoke
15:27:42	N2506 Seagull 1		I do not know if it was a flare
15:27:45	N2506 intercom	It was a flare
	N2506 intercom	Yes?
	N2506 intercom	It was a flare with a
	N2506 intercom	with a chute?

- 31 -

TIME	STATION	Intercom	122.75 MHz	133.7 MHz
	N2506 intercom	Yeah
15:27:54			Seagull Charlie Seagull One
	N2506 intercom	Look over there look
15:27:59	N2506 intercom	Another.. Okay
15:28:32	N2506 intercom	Flare
15:28:37	N2506 Seagull 1		Okay we are looking to another flare, another ball of smoke
15:28:45	N2506 Seagull 1		Charlie is that you?
15:28:48	N2506 Seagull 1		Seagull Mike
15:28:52	N2506 Seagull 1		Seagull Mike Seagull One
15:29:15	N2506 Seagull 1		Seagull Mike Seagull One
15:29:17	N2506 intercom	Let's go home
15:29:19	N2506 intercom	I'm sorry
15:29:20	N2506 intercom	call Carlitos to see if he answers
15:29:22	N2506 Seagull 1		Seagull Charlie Seagull Charlie ah Seagull One
15:29:46	N2506 intercom	go ahead
15:29:48	N2506 intercom	..flare
	N2506 Seagull 1		Seagull Charlie Seagull Charlie
	N2506 Seagull 1		Seagull Mike
15:30:00	N2506 Seagull 1		.M. Mike One
	N2506 intercom	Eh?.. that's okay

- 32 -

TIME	STATION	Intercom	122.75 MHz	133.7 MHz
	N2506 intercom	hold on a second
15:30:11	N2506 intercom	the other way is to go to the marine bond and ask them to check the smoke and see what it is
15:30:22	N2506 intercom	lets go towards the ship, over there
	N2506 intercom	..to go to see where Mike is
	N2506 Seagull 1		Seagull Mike Seagull One.. Seagull Mike Seagull One?
	N2506 intercom	We//, I guess we have to get the hell out of here. You hear me?
	N2506 Seagull 1		Mike One?
Recorder switched off for an unknown length of time
	N2506 intercom	You have everything off?
	N2506 intercom	We are the next
	N2506 intercom	what?