Federal Register Vol. 90, No. 19 Thursday, January 30, 2025 |
Presidential Documents |
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Title 3— The President
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Executive Order 14166 of January 20, 2025 Application of Protecting Americans From Foreign Adversary Controlled Applications Act to TikTok By the authority vested in me as President by the Constitution and the laws of the United States of America it is hereby ordered: Section 1. Policy. The Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”) (Pub. L. 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 (A) services for such distribution, maintenance, or updates by means of an online mobile 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 “Foreign Adversary Controlled Application” to include websites, desktop applications, mobile applications, and augmented or immersive technology applications operated directly or indirectly by ByteDance Ltd. or TikTok. Under section 2(a) of the Act, the prohibitions of the Act with respect to these entities became effective on January 19, 2025. I have the unique constitutional responsibility for the national security of the United States, the conduct of foreign policy, and other vital executive functions. To fulfill those 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 intelligence related to those concerns and evaluate the sufficiency of mitigation measures TikTok has taken to date. The unfortunate timing of section 2(a) of the Act—one day before I took office as the 47th President of the United States—interferes with my ability to assess the national security and foreign policy implications of the Act's prohibitions before they take effect. This timing also interferes with my ability to negotiate a resolution to avoid an abrupt shutdown of the TikTok platform while addressing national security concerns. Accordingly, I am instructing the Attorney General not to take any action to enforce the Act for a period of 75 days from today to allow my Administration an opportunity to determine the appropriate course forward in an orderly way that protects national security while avoiding an abrupt shutdown of a communications platform used by millions of Americans. Sec. 2. Action. (a) I hereby order the Attorney General not to take any action on behalf of the United States to enforce the Act for 75 days from the date of this order, to permit my Administration an opportunity to determine the appropriate course of action with respect to TikTok. 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 |
