New York

Banco de Bogota New York

At Banco de Bogotá New York Agency, we are subject to periodic exams by the Federal Authorities (Federal Reserve Bank) and State Authorities (New York State Banking Department).

Banco de Bogotá, S.A., New York Agency (hereinafter the “Agency”) is an international banking agency established and licensed in the State of New York. The Agency is supervised and inspected by the Board of Governors of the Federal Reserve System, and the Department of Financial Services. These government authorities ensure strict compliance with the laws that govern the Agency. Its operational presence in the State of New York is subject to strict confidentiality regulations. For further information on the Agency's policy with respect to the privacy and confidentiality of your personal data and information, please refer to the Agency's Privacy Policy

Application of the Law

For further information on the Agency's policy with respect to the privacy and confidentiality of your personal data and information, please refer to the Agency's Privacy Policy

Governing Law and Jurisdiction

All matters relating to this website and these general terms and conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the state of New York without giving effect to any choice or conflict of law provision or rule.

The user hereby agrees that any legal suit, action or proceeding arising out of, or related to, this website or these general terms and conditions shall be instituted exclusively in the federal courts of the United States or the courts of the state of New York in each case located in the City of New York and County of New York although Banco de Bogota, S.A., New York Agency retains the right to bring any suit, action or proceeding against you in your country of residence or any other country, state or jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Disclaimer of Warranties

Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Banco de Bogotá, S.A. New York Agency nor any of its affiliates makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither Banco de Bogotá, S.A. New York Agency nor any of its affiliates represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

Banco de Bogotá, S.A. New York Agency hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

In no event will Banco de Bogotá, S.A. New York Agency, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless Banco de Bogota, S.A., New York Agency, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these general terms and conditions or your use of the Website, including, but not limited to, any use of the website's content, services and products other than as expressly authorized in these terms and conditions or your use of any information obtained from the website.

Prohibition Against Unlawful Internet Gambling

The Unlawful Internet Gambling Enforcement Act of 2006 ("Act") and its implementing regulations (including Regulation GG promulgated by the Board of governors of the Federal Reserve System) prohibit gambling businesses from knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the internet and that is unlawful under any federal or state law (termed “restricted transactions” in the Act). All transactions that are “restricted transactions” as defined in the Act are prohibited from being processed through your account or your Account with the Agency.

Outreach on Deposits

Deposits in your accounts:

USA PATRIOT ACT

FOREIGN ACCOUNT TAX COMPLIANCE ACT “FATCA”

The Foreign Account Tax Compliance Act (FATCA) is a United States Law passed on March 18, 2010, which went into effect on July 1, 2014. The primary purpose of the law is to identify citizens and tax residents of the United States who have financial assets in the rest of the world.

Accordingly, this law is binding for all U.S. Persons, who are understood to be:

• Natural born or naturalized citizens of the United States,
• Tax residents including those who hold a green card or those who meet the substantial presence test by being physically in the country for more than 183 days in the past 3 years,
• Companies established in the United States in line with United States legislation and
• Companies that have a controlling member, meaning one that owns more than 10% of the share capital or who is capable of using the company resources on different levels.

 The FATCA requires Foreign Financial Institutions including those in Colombia, Panama and the Bahamas to identify their U.S. Person clients and annually report predefined information about said clients to the local tax authorities, to then be submitted to the U.S. Tax Authorities.

FATCA compliance by Financial Institutions in Colombia, Panama and the Bahamas is ensured by virtue of compliance with local legislation in force and due to negotiations and execution of an Intergovernmental Agreement (IGA) with the United States, the effect of which will be that financial institutions in each of these countries will report information to their local tax authorities about the U.S. Persons doing business with them, and said authorities will report this information to the IRS.

Learn more on the United States Department of the Treasury and Internal Revenue Service web pages at www.treasury.gov and www.irs.gov.

Representative in Colombia

Banco de Bogotá S.A. New York Agency has a representative in Colombia who is legally authorized under the terms of Sections 4.1.1.1.5 and 4.1.1.1.7 of Decree 2555 of 2010, to perform exclusively promotional activities and advertising of financial products and services offered and provided by Banco de Bogota S.A. New York Agency.

The products and services promoted by the representatives in Colombia from Banco de Bogotá SA New York Agency are provided by Banco de Bogota SA New York Agency in New York, in the United States.

Any complaint or claim related to the representative of Banco de Bogota SA New York Agency in Colombia could be addressed to the following email: quejasyreclamos@bdbnya.com