On January 10, Fortis Analysis released details on the proposal by Fufeng Group, a CCP-connected company, to build a wet corn mill and amino acid production facility in Grand Forks, ND. In conducting further research, interviewing local residents, and working with recognized experts in national security and United States trade law, it is more and more clear that the Grand Forks city council and mayor Brandon Bochenski are both economically and constitutionally illiterate.
A single line of inquiry into this project is impossible, so we will work to highlight a range of domains where this project falls short of both good sense and the law of the land. To that end, let’s first explore the FAQ on this project released by the Grand Forks Regional Economic Development Council. There are numerous claims so easily rebutted that making them is either knowingly spreading false information, or an inexcusable lack of attention (or ability) to performing due diligence.
CLAIM: ”Fufeng USA is a global leading bio-fermentation company manufacturing products that serve fast-growing animal nutrition. Their headquarters is in Chicago, Ill. Fufeng USA has chosen to invest in Grand Forks to establish a wet corn mill processing plant in the United States.”
FACT: Fufeng USA Incorporated was established in the United States at the address of a private residence in Wheaton, IL. As of this writing, Fufeng USA Incorporated imports to the United States using the same Wheaton location as its official consignee address registered with US Customs and Border Protection. Another Fufeng USA corporate address noted on the Chicago Chinatown Chamber of Commerce website (under the “Manufacturers” section) is located inside a multi-tenant office building in Oak Brook, IL. This entity is wholly-owned by Fufeng USA Holdings Limited, which is domiciled in Hong Kong, and is itself wholly-owned by Trans-Asia Capital Resources Ltd., also domiciled in Hong Kong. Trans-Asia Capital Resources Ltd. is a wholly-owned subsidiary of Fufeng Group, which has its principal place of business in Junan in the Shandong Province of China. It is beyond a stretch to say that Fufeng USA is anything more than a shell company to facilitate Fufeng Group’s ability to do business in the United States. This information comes directly from Fufeng Group’s annual report for 2020, published in 2021.
CLAIM: “The North Dakota Trade Office has done a search for illegal import/export activity for Fufeng USA and its principles. No red flags or areas of concern were found. NDTO resources include access to 30 federal databases.
Fufeng USA has been operating in the United States since 2020. Also, First Biotech, Inc., a Fufeng USA subsidiary, has been doing business in the US for over 10 years. Both have filed federal taxes in the US and have established international banking accounts with large financial institutions that have significant federal oversight. The company will be subject to all the same US laws, regulations, and oversight and any US company.
Fufeng USA Group is publicly traded on the Hong Kong Stock Exchange. The US Securities and Exchange Commission has a supervisory oversight relationship with the Exchange. Fufeng USA Group has many US and European institutional investors including TreeTop Management, Vanguard, Fidelity, Mellon, and Blackrock, all heavily regulated.”
FACT: This is, quite simply, a word salad intended to obscure the real issue at stake here – the absence of correct and proper due diligence. The United States has multiple layers of regulatory oversight beyond basic financial oversight, few if any of which have been notified by GFREDC, the city, or Fufeng, let alone conducted formal inquiries. One other point that must be noted is that “Fufeng USA Group” is not a real entity, nor is any Fufeng USA entity “publicly traded on the Hong Kong Stock Exchange”. The publicly-traded entity is the ultimate parent company, Fufeng Group Limited. More detailed explorations of these points follow further in this analysis. In short, the absurd and incorrect statement that a cursory review of trade databases and some correctly-filed taxes is sufficient proof of Fufeng’s safety to national security should embarrass all involved in this process.
CLAIM: “The development of the Fufeng USA plant will create a local market for corn and improve pricing. Regional farmers will have the option to sell to elevators or Fufeng USA.
The North Dakota Corn Growers Association, a farmer led membership organization focused on policy that impacts North Dakota corn producers, were pleased with the announcement that Fufeng USA will establish a wet corn mill in Grand Forks. They issued a press release indicating the project will have tremendous value to regional farmers.”
FACT: The claim made elsewhere by the city about the economic impact to farmers betrays a startling ignorance about the mechanisms of grain production and sales. The estimate of $.20 to $.40 per bushel of corn in premium versus current market conditions was not derived from careful analysis conducted by third-party experts. When pressed on the matter by Shaun Beauclair, himself a farmer and former board member of a regional corn processing facility, the GFREDC admitted that the premium assumption was given by a single farmer. In a February interview with AgWeek about the Fufeng project, Dr. Frayne Olson of North Dakota State University said that he believes the $.40 per bushel claim is only realistic for the first year or two to incentivize sales to the corn mill. Once the market settles back in future years, the realistic premium is closer to $.10 to $.20 per bushel. In practice, the grain elevators in the area who do not have direct interest in a value-added market for their purchased corn will quickly be faced with the choice of becoming a de facto origination and storage facility for Fufeng, or closing their doors.
As one can see from this selection of “facts”, the Grand Forks Regional Economic Development Council has not done its best work to provide complete or accurate information to its stakeholders. Now, if this was the only vector of misinformation and all others involved were honest brokers, one might understand how an economic development group would choose to shade the truth a bit in order to bring a splashy, high-revenue project to town. Unfortunately, this is not the case. Multiple other individuals in positions of city leadership have also willingly promoted dishonest talking points, or chosen unscrupulous partners for the city, all in the interest of pushing the project forward. Let’s examine a few of these.
Fufeng Group Has No Financial Connection to the Chinese Government
On November 17, 2021, in a publicly-posted comment on his official Facebook account, Grand Forks mayor Brandon Bochenski stated that:
“…the company is an American subsidiary of a publicly traded company that has zero govt. ownership. They are investing in an American facility built by American contractors, using American corn stock to produce products sold in America and manufactured by American workers. The company is more American than Apple, Nike and Amazon quite frankly in the global economy of today.”
Members of the city council have used similar talking points in publicly-available council discussions.
Now, this particular formulation of the zero-affiliation claim is intended to reassure listeners that as Fufeng Group Limited is a publicly-traded company on the Hong Kong Stock Exchange (a subsidiary of HKEx, or Hong Kong Exchanges and Clearing), it is not reasonable to believe that the firm or any of its subsidiaries would choose (or be forced) to act in any way outside the direct fiduciary interests of its global shareholders. A complete overview of the complicated (and compromised) relationship between the HKEx and the Chinese Communist Party is beyond the scope of this piece, but for now, the following data will more than suffice to rebut this talking point.
HKEx’s largest single shareholder is the Hong Kong Government, which also has the right to appoint six of thirteen directors to HKEx’s board. This matters for a number of reasons, but perhaps the most important is the Hong Kong national security law unanimously passed by China’s Standing Committee of the National People’s Congress on 30 June 2020 in the wake of widespread pro-democracy protests throughout Hong Kong. Among the various deeply anti-democratic provisions of the law are the requirement that companies listed on the Hong Kong Stock Exchange act in accordance with the security directives of a secret body called the Committee for Safeguarding National Security.
This entity has the ability to at any time investigate, indict, prosecute, or ruin any non-compliant company who has any business interest in Hong Kong – and extend these enforcement protocols anywhere in the world in violation of sovereign law and international norms. It is impossible to believe that HKEx will push back in any way if the Chinese Communist Party directs Fufeng Group to perform certain actions or disclose confidential business, community, or employee information in any of its subsidiaries – including Fufeng USA Incorporated. In simplified form, if the secret national security entity in mainland China or Hong Kong creates any pretext whatsoever, it will be able to force Fufeng USA to reveal all personal details of any employee, contractor, or even guests of the corn mill, regardless of the laws of the United States. This is an extremely important detail that as of yet, has not been properly addressed by Fufeng or city officials.
Moreover, it is not even accurate to say that Fufeng Group does not have a financial connection to the Chinese government. In the same annual report referenced earlier, Fufeng Group Limited lists an interesting disclosure: a 30% ownership stake in Jilin COFCO Biomaterial Co Ltd. This joint venture between Fufeng Group and China Oil and Foodstuffs Corporation (COFCO) is notable because COFCO is the largest agribusiness in China, and is a 100% state-owned enterprise under the management of the hyperpowerful State-owned Assets Supervision and Administration Commission of the State Council (SASAC). Note that SASAC manages numerous entities that are currently sanctioned by the United States for espionage activities, use of forced labor in Xinjiang and elsewhere, and violation of international treaties or laws. Though COFCO has as yet not been similarly sanctioned, it is important to note that its sister companies under SASAC were penalized for carrying out the will of the Chinese Communist Party, and that COFCO can at any time be similarly leveraged by the CCP to perform illegal activities against the United States.
As with numerous other claims made by the North Dakota Trade Office, Mayor Bochenski, GFREDC, and the Grand Forks city council, one cannot help but wonder how much due diligence has actually been put into this project.
The City Is Taking All Appropriate Steps to Examine the Impact on U.S. National Security Interests
This omnibus talking point, used repeatedly by city officials, is also completely inaccurate. There are numerous checks and balances that exist at the federal level concerning real estate acquisitions and foreign investments into the U.S. economy.
The most well-known of these, the Committee on Foreign Investment in the United States (CFIUS), is a multi-agency group under the Executive Branch that has the mandate of reviewing transactions by foreign entities into companies or technologies designated as “critical” to national security, and/or real estate transactions located within 100 miles of designated military installations. An examination of the facts shows that the Fufeng project may fall into the category of a “covered real estate transaction”, which means CFIUS expects voluntary disclosure of the project’s details. The risk is that if stakeholders do not disclose and CFIUS chooses to open an inquiry at some point, then an adverse finding from CFIUS will result in significant penalties for all involved, up to and including the forced sale of the property and assets to an approved third party. That the city and county have been courting Fufeng Group since mid-2020 and as of yet have not sought out independent legal review for compliance with FIRRMA (the law governing CFIUS’ activities), or submitted for a free voluntary review with CFIUS since the public reveal of this project in November 2021, does not argue well for the city council’s competence or motives in continuing to ignore public outcry and push the process forward at a breakneck pace.
Another talking point used by the city and GFREDC is that the county and city’s “base retention” consultant, retired USAF General David Deptula, has reviewed the proposal and discussed it with the leadership at Grand Forks Air Force Base. The claim is that no one has issued an objection to the Fufeng proposal. There are a few things about this, however, that raise red flags. First, Deptula was the subject of a multi-year investigation by Department of Defense into illicit contracting activities and fraud while he was in uniform. In February 2015, Deptula agreed with the Department of Justice to pay a fine of $125,000, and was barred by the Air Force from conducting business with the federal government from November 2014 to February 2016.
Despite this, the Grand Forks city council continues to authorize a $5,000 per month direct payment to The Deptula Group (Deptula’s lobbying and consulting firm) for base retention activities. When questioned about this, city council president Dana Sande initially insisted that Grand Forks County employs Deptula, not the city. After being reminded of the monthly expense approved by Sande and the rest of the city council, Sande admitted that the city pays a portion of the funding for base retention activities, but the county is in charge of selecting and coordinating with Deptula. However, a review of the county’s 2021 budget does not show a request or approval for funding to be allocated under the Base Retention line item, nor do county minutes throughout 2021 show approvals to remit any funds to Deptula, his company, or for base retention activities.
It is possible that the county has allocated funding under a different line item to pay for Deptula’s services, but such is not noted. However, if the county is indeed not contributing to paying Deptula, then the city of Grand Forks appears to be willingly carrying the cost of Mr. Deptula for “base retention” activities, even as the Air Force already publicly committed in 2021 to expanding the base’s role and increasing its footprint in Grand Forks. Regardless, the ongoing payment of Deptula for at least $5,000 per month from city funds reflects the council’s comfort with employing fixers who have a questionable at best code of ethics when it comes to personal enrichment at the expense of taxpayers.
Moreover, it is not for the leadership of the local military installation to make a determination on if a particular project is compliant with national security regulations. Thus, the constant talking points by city officials that Grand Forks Air Force Base has reviewed the project and not issued a complaint is misleading and wholly incorrect. The base leadership cannot review and rule on the Fufeng project, or any other potential commercial investment by foreign entities in the area of the base. The fact that city officials have continuously asserted that the Grand Forks Air Force Base commander has done so is incorrect, and jeopardizes the careers of both the commanding officer and any active duty personnel so connected to the claim. It also opens the door to civilian law enforcement involvement, as active duty military personnel allegedly issuing inappropriate and unauthorized statements in support of foreign investment may also entangle the civilians making such claims into criminal or civil charges. This is a tightrope for city officials to publicly walk, and it would seem from the outside that they have created a fiasco in the making in their haste to justify a lack of responsible and legal due diligence.
There Are No Other Conflicts of Interest on the City Council with This Project
Before each City Council vote on this project, the council brings up councilmember Jeannie Mock’s conflict of interest in the project and votes to force her to abstain. Mock’s company, AE2S, was involved in the preparation of land-use and infrastructure data before the project was publicly revealed, as can be seen on Slide 12 of the city’s pitch deck for the project. It is not known for certain how Mock would vote on the project, but it is proper for her to abstain on the basis of conflicts of interests and good ethics. However, there are other potential future conflicts of interest on the council not discussed or considered as exclusionary by the council.
Kyle Kvamme is employed by ICON Architectural Group, a regional commercial project design firm headquartered in Grand Forks. Kvamme is the Director of Community Engagement and Project Development. He also recently became an owner in the firm. ICON is an obvious potential beneficiary of such a massive development as Fufeng’s, being a prominent local firm specializing in the design of buildings and layouts for large-scope projects.
Bret Weber, who has been one of the most supportive voices on the council for the Fufeng project, is employed by the University of North Dakota as Department Chair and Professor of Social Work. Also employed by UND is Danny Weigel, who is the Investigations Commander and Public Information Officer for the UND Police force. Both have disclaimed any conflicts of interest. However, neither has disclosed that Fufeng USA is a tenant of the UND Center for Innovation, the university’s on-campus “entrepreneurial incubator”. Nor has Weigel shared if he has conducted any background checks on Fufeng Group or its representatives prior to them establishing occupancy in campus facilities. It is currently unknown if Fufeng USA is simply paying rent for part of the Center’s co-working office space in order to have a local presence, or if the company is a more integrated user of Center resources, such as the wet lab. The Center touts the wet lab as such: “High tech, bioscience, and scientific companies are all welcome at the UND Center for Innovation. Our state of the art wet lab makes innovations happen.”
Given that Fufeng USA is, fundamentally, a biotech company that must cultivate and maintain various strains of bacteria to manufacture amino acids, it is not unreasonable to assume that the company has been, or will be, a major stakeholder in the Center. As the university already financially benefits from Fufeng’s presence in Grand Forks, the full scope of UND’s interest in current and future projects involving Fufeng should be disclosed. So, too, should it be considered a potential conflict of interest for university employees to vote as city council members on favorable considerations for a company that is an active revenue stream for the entity that cuts their paychecks.
The obvious rebuttal of “it’s a drop in the bucket in the university’s overall revenue stream” is beside the point, and frankly, is an inappropriate attitude for a public official to hold. Just as with the city utilizing a disgraced former general to help gain Department of Defense approval for the project, or Weber indicating in the March 7th city council meeting that he feels public concerns about the project’s impact to national security are overblown, it seems that a number of city officials involved with this project are willing to excuse impropriety and ethical lapses as the cost of doing business with Chinese companies.
Fufeng USA and Its Parent Companies Have No Known Connection to Forced Labor or Human Rights Crimes In China
This is the murkiest and most troubling of all the accusations Fortis Analysis and other groups have leveled against Fufeng, yet has been hand-waived away by project proponents as unfounded innuendo because the firm has not been sanctioned specifically by U.S. authorities. But like most of the complex issues involved with this project, such casual dismissals betray a malignant ignorance of how and why sanctions law functions as it does in our nation. Fortunately for the Grand Forks city officials, we are here to provide accurate and detailed information that can help those officials make informed decisions in line with their sworn duty to their offices.
The United States takes very seriously the issue of China’s human rights abuses, particularly in the Xinjiang Uyghur Autonomous Region of western China. In fact, the devastating suppression of non-Han ethnic groups in Xinjiang has been so intense that on 13 July 2021, the U.S. State Department issued its “Xinjiang Supply Chain Business Advisory”, with the summary reading as such:
The People’s Republic of China (PRC) government continues to carry out genocide and crimes against humanity against Uyghurs and members of other ethnic and religious minority groups in the Xinjiang Uyghur Autonomous Region (Xinjiang), China.
The PRC’s crimes against humanity include imprisonment, torture, rape, forced sterilization, and persecution, including through forced labor and the imposition of draconian restrictions on freedom of religion or belief, freedom of expression, and freedom of movement.
Businesses, individuals, and other persons, including but not limited to investors, consultants, labor brokers, academic institutions, and research service providers (hereafter “businesses and individuals”) with potential exposure to or connection with operations, supply chains, or laborers from the Xinjiang-region, should be aware of the significant reputational, economic, and legal risks of involvement with entities or individuals in or linked to Xinjiang that engage in human rights abuses, including but not limited to forced labor and intrusive surveillance.
Given the severity and extent of these abuses, including widespread, state-sponsored forced labor and intrusive surveillance taking place amid ongoing genocide and crimes against humanity in Xinjiang, businesses and individuals that do not exit supply chains, ventures, and/or investments connected to Xinjiang could run a high risk of violating U.S. law.
Potential legal risks include: violation of statutes criminalizing forced labor including knowingly benefitting from participation in a venture, while knowing or in reckless disregard of the fact that the venture has engaged in forced labor; sanctions violations if dealing with designated persons; export control violations; and violation of the prohibition of importations of goods produced in whole or in part with forced labor or convict labor.
Now, given how adept Chinese companies are at masking their participation in, or benefit derived in part from, these evil activities, the U.S. will utilize a standard called “rebuttable presumption” when investigating abuses and issuing sanctions under the Uyghur Forced Labor Prevention Act and future similar laws. What this means is that a company accused of connection to human rights abuses in Xinjiang (or other provinces) in China are treated by U.S. authorities as essentially being guilty until proven innocent. Importantly, this does not just mean that the company in question is directly employing forced laborers. Any company that uses raw materials, goods, or labor at any point in its supply chain where forced labor is involved is considered just as guilty of the abuse – a presumption of illegal benefit that extends to every single subsidiary, wherever it may be located.
As just one example of the new risk to American stakeholders from this expanded enforcement against China’s human rights abuse, Fufeng Group lists in its annual report that coal is the primary energy feedstock for its corn mills in China. Coal is one of the sectors most heavily targeted for enforcement and sanctions due to Chinese coal mining companies making extensive use of forced labor to keep production costs low. Fufeng Group specifically notes that it strategically locates its facilities close to coal-fired power plants, and that such practice is “instrumental in strengthening the Group’s pricing power.”
Even more so than coal, Fufeng consumes corn at enormous rates. Thus, it makes sense that Fufeng tends to locate its operations not only close to coal power production, but also major agriculture regions. Here, too, Fufeng should be assumed to benefit substantially from lower raw material prices derived from the involvement of forced labor.
In Heilongjiang province, Fufeng’s subsidiary Qiqihar Fufeng is located less than 50 miles from the sprawling Liusan Prison farm, managed by the Communist Party Committee Deputy Secretary of Liusan. Only a few miles further southwest from Liusan inside Inner Mongolia, there are numerous other farms at Wutaqi, Ulan, and the notorious Bao’anzhao Prison.
Hulunbeier Northeast Fufeng Biotechnologies is located approximately 200 miles from the large prison farm at “Genghis Kahn Ranch” in Zalantun City. One of Fufeng’s largest plants, Neimenggu Fufeng Biotechnologies, is located in Hohhot City in Inner Mongolia. The entire administrative apparatus for the corporation that sells forced prison labor goods to Chinese and international consumers is called Inner Mongolia Hengzheng Industrial Group Co., Ltd., and also happens to be located in Hohhot City. As of October 2019, the company was run by Xu Hongguang, a CCP member and the Deputy Director of the Ministry of Justice of the Inner Mongolia Autonomous Region. Among the company’s primary goods produced in the prisons and sold to companies in China are grains, processed agriculture commodities, and food ingredients. Notably, the company was sanctioned by the United States in October of 2020 for use of forced labor in manufacturing stevia sweetener, which like Fufeng’s products, are a derivative of biological processing. [Edit, 21 March 2022 – The original comment that stevia sweetener is a derivative of corn processing is not correct. The author has corrected the article.]
It would require an absurd leap of faith to state that Fufeng has no plausible connections to, or benefit from, the expansive use of forced labor in agriculture production so logistically close to Fufeng’s major corn- and coal-consuming plants in Xingang, Heilongjiang, and Inner Mongolia. Should an investigation be raised by Commerce, State, or Treasury into the activities of any Fufeng Group subsidiary in connection to forced labor, it is highly likely that Fufeng would be unable to satisfy the rebuttable presumption of participation in the forced labor and abusive regimes in place in China.
This would trigger automatic sanctions not only against Fufeng Group in China, but also their international subsidiaries such as First Biotech and Fufeng USA. Such sanctions would make it impossible for banks to lend to any of the affected entities in the United States or conduct normal business operations, shutting down the entire project in Grand Forks and invalidating the letter of credit the city proclaims as providing a no-risk guarantee to local taxpayers the city has not wasted money chasing a pot of gold at the end of the CCP’s genocidal rainbow.
This Is Not the End
As one can see, there is not much more that needs to be said about the Fufeng Group’s bid to purchase 370 acres of land in Grand Forks and build its wet corn mill. Nearly every single major talking point used by city officials and Fufeng USA is provably false or shaded with just enough truth to pass scrutiny of low-information voters. This is how it works when one chooses to do business with CCP-aligned entities who deliberately target local and state officials to circumvent the United States’ federal national security countermeasures. The officials, craving a big win to build their next campaign on, or perhaps finding some compelling self-interest in the economic aspects of the project, suspend all good sense and dive headfirst into extreme legal and moral hazard at the expense of their communities, their state, and their nation.
Grand Forks Mayor Brandon Bochenski, City Council president Dana Sande, and their grasping enablers have (to this point) made the choice to do just that.
And at least for now, we know that the most powerful weapon in the CCP’s gray zone war against the United States is not hypersonic missiles, cyberespionage, or theft of intellectual property.
It’s 30 pieces of silver wrapped in a box of false promises to our elected officials.
A number of Grand Forks residents and concerned stakeholders around the nation have expressed to this author their alarm and despair at the ease with which the Chinese Communist Party continues to corrupt and undermine the United States. That it all feels hopeless, and that our collapse as a nation is both certain and imminent.
I will share this, then – Winston Churchill’s words to the Harrow School on 29 October 1941, in the midst of the darkest hours of Great Britain’s seemingly hopeless defense against the mighty Nazi war machine.
“…Never give in, never give in, never, never, never, never – in nothing, great or small, large or petty – never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy…
Do not let us speak of darker days: let us speak rather of sterner days. These are not dark days; these are great days – the greatest days our country has ever lived; and we must all thank God that we have been allowed, each of us according to our stations, to play a part in making these days memorable in the history of our race.”
Dum spiro spero.
By Fortis Analysis Via https://fortisanalysis.substack.com/p/belt-and-road-comes-to-the-heartland-5e5?s=r