Application of Protecting Americans From Foreign Adversary Controlled Applications Act to TikTok

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

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.