Experts also point to two gaping loopholes in the law. Goods made with forced labor must be allowed into the U.S. if consumer demand cannot be met without them. And it’s hard, if not impossible, to prove fish in a particular container is tainted, because different batches generally mix together at processing plants.
Former Justice Department attorney Jim Rubin said Customs can’t stop trafficked goods without the help of other federal agencies to investigate overseas.
“You can’t expect a Customs guy at the border to know that a can of salmon caught on the high seas was brought in by a slave,” he said.
The U.S. response to Thailand is also shaped by political considerations.
For years, the State Department has put Thailand on the watchlist in its annual trafficking report, saying the Thai government has made efforts to stop labor abuse. But last year, after several waivers, it dropped Thailand for the first time to the lowest rank, mentioning forced labor in the seafood industry. Countries with the same ranking, such as Cuba, Iran and North Korea, faced full sanctions, and foreign aid was withheld. Others, like Sudan, Syria and Zimbabwe, faced partial sanctions.
Thailand did not: U.S. taxpayers provided $18.5 million in foreign aid to the country last year.
“If Thailand was North Korea or Iran, they’d be treated differently,” said Josh Kurlantzick, a fellow for Southeast Asia at the Council on Foreign Relations. “They’re a key ally and we have a long relationship with them.”