Many marketing incentive programs on a local level are predicated on trust, with very little detail in terms of what the local subsidiaries or distributors are expected to do to ensure that these activities are above board and don’t create FCPA liability.
In Scott Moritz’s experience, many marketing plans are vaguely worded as to what local marketing activities are planned, how these plans will be documented, and who will be responsible for ensuring that the funds and/or products are disseminated in alignment with the company’s code of ethical conduct and anti-corruption program. Without a detailed marketing plan and clearly stated obligations of the organizations executing your local marketing activities, your organizations risk operating in the blind with very little to ensure that marketing activities aren’t putting the organization at risk.