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CFIUS review will delay Fufeng construction…but not all design work

By Doug Barrett Sep 7, 2022 | 9:23 AM

The legal team representing Grand Forks on the Fufeng project says at the end of the day they doubt the Committee on Foreign Investment in the United States will rule that it has jurisdiction in regards to the proposed corn milling plant.

Just last week CFIUS asked the company for more details regarding the move as it relates to purchasing land in north Grand Forks and the proximity of the China-based company to the Grand Forks Air Force Base.

In a briefing with the Grand Forks council last night (Tuesday) Attorney Christopher Kimball of the Cooley law firm described the request as a letter that starts a regulatory review process.  “I suspect they don’t have the authority to block the project from proceeding.”

While the company intends to cooperate with CFIUS – Chief Operating Officer Eric Chutorash says it’s not a 100% guarantee.  We have to respond in the next couple of days and we intend to do so…but we also need to understand what is outlined in the letter.”

Officials say the review could take 75 days or longer to complete.

While actual construction has been paused several design features related to the proposed Fufeng project will move forward.

City Administrator Todd Feland says the company supports moving forward with design plans – many of which are needed by the city with or without Fufeng.

Those items still advancing range from a stormwater pond and water main work to raw water supply.

The council also approved an engineering services agreement for final design on Phase 2 of the Wastewater Treatment Facility with AE2S in the amount of $5.12 million dollars. The estimated total construction cost is $58 million dollars.

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