ENFORCING THE PROTECTING AMERICANS FROM APPS CONTROLLED BY FOREIGN ADVERSARIES ACT TO TIKTOK
Pursuant to the powers vested in me as President by the Constitution and laws of the United States of America, it is ordered:
Section 1. Policy. The Protecting Americans from Applications Controlled by Foreign Adversaries Act (the “Act”) (Pub. L. 118-50, div. H) regulates “applications controlled by foreign adversaries,” particularly those operated by TikTok and any other subsidiary of its China-based company. parent company, ByteDance Ltd., for national security reasons.
Section 2(a) of the Act prohibits entities from distributing, maintaining, or updating certain defined applications controlled by foreign adversaries in the United States by providing (A) services for such distribution, maintenance, or updated using a mobile device online. application store or other marketplace; or (B) Internet hosting services to enable the distribution, maintenance or updating of such applications. Section 2(g) of the Act defines “applications controlled by a foreign adversary” to include websites, desktop applications, mobile applications and augmented or immersive technology applications operated directly or indirectly by ByteDance Ltd. or TikTok. Pursuant to section 2(a) of the Act, the Act’s prohibitions against these entities took effect on January 19, 2025.
I have unique constitutional responsibility for the national security of the United States, the conduct of foreign policy, and other vital executive functions. To fulfill these responsibilities, I intend to consult with my advisors, including the heads of relevant departments and agencies, on the national security concerns posed by TikTok, and to pursue a resolution that protects national security while saving a platform used by 170 million Americans. My administration must also review sensitive information related to these concerns and assess the sufficiency of the mitigation measures taken by TikTok to date.
The unfortunate timing of Section 2(a) of the Act – one day before I take office as the 47th President of the United States – interferes with my ability to assess the implications of the Act’s national security prohibitions and foreign policy before they come into force. This timing also interferes with my ability to negotiate a resolution to avoid an abrupt shutdown of the TikTok platform while still addressing national security concerns. Accordingly, I am ordering the Attorney General not to take any action to enforce the law for a period of 75 days from today to allow my administration to determine the appropriate course of action in an orderly manner, which protects national security while avoiding an abrupt shutdown. of a communications platform used by millions of Americans.
Second. 2. Actions. (a) I hereby order the Attorney General not to take any action on behalf of the United States to enforce the law for 75 days from the date of this order, to allow my Administration to determine the appropriate course of action regarding Tik Tok. During this period, the Department of Justice will not take any action to enforce the law or impose sanctions on any entity for any failure to comply with the law, including for distributing, maintaining or updating (or for allow the distribution, maintenance or updating) of any application controlled by a foreign adversary as defined in the Act. In light of this instruction, even after the expiration of the period specified above, the Department of Justice will not take any enforcement action or impose sanctions against any entity for any conduct occurring during the period specified above or for any period preceding the issuance of this Order, including the period from January 19, 2025 until the signing of this Order.
(b) The Attorney General shall take all appropriate steps to issue written directives to implement the provisions of subsection (a).
(c) I further direct the Attorney General to send a letter to each provider stating that there have been no violations of law and that there is no liability for any conduct that occurred during the course of the period specified above, as well as for any conduct. from the date of entry into force of the law until the publication of this decree.
(d) Because of the national security interests at stake and because section 2(d) of the Act vests the authority to investigate and enforce the Act solely in the Attorney General, any attempt at enforcement by States or private parties represents an encroachment on powers. of the Executive. The Attorney General will exercise all available authority to preserve and defend the exclusive power of the executive branch to enforce the law.
Second. 3. General provisions. (a) Nothing in this order shall be construed as impairing or otherwise affecting:
(i) the authority granted by law to an executive department or agency, or to its head; Or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative or legislative proposals.
(b) This Order will be implemented in accordance with applicable law and subject to the availability of appropriations.
(c) This order is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies or entities, its officers, employees. , or agents, or any other person.
THE WHITE HOUSE,
January 20, 2025.
