Executive Order No. 14166. Application of Protecting Americans From Foreign Adversary Controlled Applications Act to TikTok

• Published date: 30 January 2025
• FR Document: 2025-02087
• Pages: 8611-8612
• Executive Order No.: 14166
• Date: 20 January 2025
• Citation: 90 FR 8611
• Issuer: Executive Office of the President
• Section: Presidential Documents

Federal Register, Volume 90 Issue 19 (Thursday, January 30, 2025)

Title 3--
                The President
                [[Page 8611]]
                 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
                [[Page 8612]]
                 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 January
                 19, 2025, to the signing of this order.
                 (b) The Attorney General shall take all appropriate
                 action to issue written guidance to implement the
                 provisions of subsection (a).
                 (c) I further order the Attorney General to issue a
                 letter to each provider stating that there has been no
                 violation of the statute and that there is no liability
                 for any conduct that occurred during the above-
                 specified period, as well as for any conduct from the
                 effective date of the Act until the issuance of this
                 Executive Order.
                 (d) Because of the national security interests at
                 stake and because section 2(d) of the Act vests
                 authority for investigations and enforcement of the Act
                 only in the Attorney General, attempted enforcement by
                 the States or private parties represents an
                 encroachment on the powers of the Executive. The
                 Attorney General shall exercise all available authority
                 to preserve and defend the Executive's exclusive
                 authority to enforce the Act.
                 Sec. 3. General Provisions. (a) Nothing in this order
                 shall be construed to impair or otherwise affect:
                (i) the authority granted by law to an executive department or agency, or
                the head thereof; or
                (ii) the functions of the Director of the Office of Management and Budget
                relating to budgetary, administrative, or legislative proposals.
                 (b) This order shall be implemented consistent 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.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 January 20, 2025.
                [FR Doc. 2025-02087
                Filed 1-29-25; 11:15 am]
                Billing code 3395-F4-P