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ARTICLE · 25 JANUARY 2023

CFIUS Determines It Has No Jurisdiction Over Fufeng Group's North Dakota Corn Mill Project

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Last December, the Committee on Foreign Investment in the United States (CFIUS) determined that it did not have jurisdiction to review Chinese company Fufeng Group...

GlobalGovernment, Public Sector

Last December, the Committee on Foreign Investment in the United States (CFIUS) determined that it did not have jurisdiction to review Chinese company Fufeng Group Limited's ("Fufeng") proposed $700 million corn milling project in North Dakota. The news came after CFIUS completed a three-month review and investigation of Fufeng's purchase from a private citizen of a 370-acre greenfield site in Grand Forks, North Dakota, to build a wet corn mill.

Under CFIUS regulations, CFIUS has jurisdiction to review foreign acquisitions of or investments in US businesses. However, the regulations provide an exception for "greenfield investments," which are truly start-up investments not involving existing US business entities or assets comprising a US business. For example, a "greenfield investment" involves only such activities as "incorporating a newly formed subsidiary" and "separately arranging for the financing of and the construction of a plant to make a new product,

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