Saving TikTok While Protecting National Security

The Protecting Americans from Foreign Adversary Controlled Applications Act (the ``Act'') (Public Law 118-50, Div. H) regulates ``foreign adversary controlled applications,'' specifically those operated by TikTok and any other subsidiary of its China-based parent company, ByteDance Ltd., on national security grounds. Section 2(a) of the Act prohibits entities from distributing, maintaining, or updating certain defined foreign adversary controlled applications within the territory of the United States by providing (1) services for such distribution, maintenance, or updates by means of an online mobile application store or other marketplace; or (2) internet hosting services to enable the distribution, maintenance, or updating of such applications. Section 2(g) of the Act defines ``foreign adversary controlled application'' to include websites, desktop applications, mobile applications,

(a) Under the Act, the President's determination that a divestiture is a ``qualified divestiture'' must occur through an ``interagency process.'' As delegated and directed by me, the Vice President has led this interagency process in cooperation and consultation with the National Security Council, the Office of Science and Technology Policy, the Department of the Treasury, the Department of Justice, the Department of Commerce, and the Office of the Director of National Intelligence. This process has included, among other things, significant interagency deliberations and consultations, numerous briefings by informed experts and national security officials, and extensive negotiations with outside parties. This interagency process has reviewed and made recommendations to me with respect to all aspects of the proposed divestiture. (b) Having completed the interagency process contemplated in

(a) To permit the contemplated divestiture to be completed, the Attorney General shall not take any action on behalf of the United States to enforce the Act for 120 days from the date of this order. During this period, the Department of Justice shall take no action to enforce the Act or impose any penalties against any entity for any noncompliance with the Act, including for distributing, maintaining, or updating (or enabling the distribution, maintenance, or updating of) any foreign adversary controlled application as defined in the Act. In light of this direction, even after the expiration of the above- specified period, the Department of Justice shall not take any action to enforce the Act or impose any penalties against any entity for any conduct that occurred during the above-specified period or any period prior to the issuance of this order, including the period of time from

The Presidential Memorandum of July 24, 2024 (Delegation of Authority Under the Protecting Americans from Foreign Adversary Controlled Applications Act), is hereby revoked. As described in this order, I have determined that the divestiture outlined in the Framework Agreement constitutes a ``qualified divestiture'' under the Act and resolves the national security concerns the Act addresses. I further determine that: (a) The Order of August 14, 2020 (Regarding the Acquisition of Musical.ly by ByteDance Ltd.) (Divestment Order), expressly reserved my authority to issue further orders with respect to ByteDance Ltd., Musical.ly, Musical.ly in the United States, and TikTok Inc. as shall in my judgment be necessary to protect the national security. The threatened impairment to the national security described in the Divestment Order can be adequately mitigated if, after, or in conjunction with,

I hereby reserve my authority to issue further orders with respect to this matter as shall in my judgment be necessary to protect the national security.