[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Presidential Documents]
[Pages 47219-47223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19139]
Presidential Documents
Federal Register / Vol. 90 , No. 187 / Tuesday, September 30, 2025 /
Presidential Documents
[[Page 47219]]
Executive Order 14352 of September 25, 2025
Saving TikTok While Protecting National Security
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. Background. 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, and
augmented or immersive technology applications operated
directly or indirectly by ByteDance Ltd., TikTok, or
certain subsidiaries. Under section 2(a), the Act's
prohibitions with respect to these entities became
effective on January 19, 2025. On January 20, 2025, I
issued Executive Order 14166 (Application of Protecting
Americans from Foreign Adversary Controlled
Applications Act to TikTok), delaying the Act's
enforcement until April 5, 2025. On April 4, 2025, I
issued Executive Order 14258 (Extending the TikTok
Enforcement Delay), further delaying the Act's
enforcement until June 19, 2025. On June 19, 2025, I
issued Executive Order 14310 (Further Extending the
TikTok Enforcement Delay), further delaying the Act's
enforcement until September 17, 2025. Finally, on
September 16, 2025, I issued Executive Order 14350
(Further Extending the TikTok Enforcement Delay),
further delaying the Act's enforcement until December
16, 2025.
Section 2(c) of the Act further empowers the President
to determine, through an interagency process, that
TikTok has undergone a ``qualified divestiture,''
removing the Act's prohibitions. To achieve a
``qualified divestiture,'' TikTok must execute a
transaction that would result in the application no
longer being controlled by a foreign adversary and that
would preclude formerly affiliated entities from
maintaining an ``operational relationship'' with the
application's United States operations. The Act
describes ``operational relationship'' to include
``cooperation with respect to the operation of a
content recommendation algorithm'' and an ``agreement
with respect to data sharing.''
A plan has been presented to me to undergo a qualified
divestiture of TikTok's United States operations, as
outlined in a framework agreement (Framework
Agreement). Under this Framework Agreement, TikTok's
United States application will be operated by a newly
established joint venture based in the United States.
It will be majority-owned and controlled by United
States persons and will no longer be controlled by any
foreign adversary, since ByteDance Ltd. and its
affiliates will own less than 20 percent of the entity,
with the remainder being held by certain investors
(Investor Parties). This new joint venture will be run
by a new board of directors and subject to rules that
appropriately protect Americans' data and our national
security.
[[Page 47220]]
Accordingly, I have determined that the proposed
divestiture would allow the millions of Americans who
enjoy TikTok every day to continue using it while also
protecting national security.
Sec. 2. Determination. (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 the Act, I have determined the
following:
(i) The TikTok application is a social media platform, centered around
short video clips, used by about 170 million Americans. More than simply
providing entertainment, many American content creators rely on the TikTok
application for their livelihood and many American businesses rely on it
for their advertising.
(ii) The Congress passed the Act in response to concerns from the United
States national security community that the TikTok application is under the
control of a foreign adversary.
(iii) The divestiture proposed in the Framework Agreement resolves these
national security concerns and complies with the Act because it removes the
TikTok application and certain other applications from the ``control'' of a
foreign adversary and precludes any ``operational relationship'' between a
formerly affiliated entity controlled by a foreign adversary and the new
joint venture.
(A) First, the divestiture removes the TikTok application and certain
other applications from the control of a foreign adversary, as defined
under the Act, because, among other things, the new joint venture would be
based in the United States and less than 20 percent of the joint venture
would be owned or controlled by foreign adversary entities or persons.
(B) Second, the divestiture puts the operation of the algorithms and
code, as well as content-moderation decisions, under the control of the new
joint venture.
(C) Third, the divestiture prohibits the storage of sensitive United
States user data in a manner that would place such data under the control
of a foreign adversary and requires such data be stored in a cloud
environment run by an American company.
(D) Fourth, the divestiture includes intense monitoring of software
updates, algorithms, and data flows by the United States' trusted security
partners, and it requires all recommendation models, including algorithms,
that use United States user data to be retrained and monitored by those
trusted security partners.
(iv) These safeguards would protect the American people from the misuse of
their data and the influence of a foreign adversary, while also allowing
the millions of American viewers, creators, and businesses that rely on the
TikTok application to continue using it.
(c) Based on these findings, I further determine
that the divestiture of the applications outlined in
the Framework Agreement, once its implementation
agreements are executed, is a ``qualified divestiture''
under the Act, including with respect to the TikTok
applications, the Lemon8 application, the CapCut
applications, any other application or website duly
operated by the new joint venture, and their associated
or affiliated websites.
[[Page 47221]]
Sec. 3. Action. (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 January 19, 2025, to the
issuance of this order.
(b) The Attorney General shall take all appropriate
action to issue written guidance to implement the
provisions of subsection (a) of this section.
(c) The Attorney General shall issue a letter to
appropriate providers stating that there has been no
violation of the Act and that there is no liability for
any conduct that occurs during the 120-day period
specified in subsection (a) of this section, as well as
for any conduct from the effective date of the Act
until the issuance of this order.
(d) Because of the national security interests at
stake and because section 2(d) of the Act vests the
sole authority for investigations and enforcement of
the Act 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, including the President's
determination of a qualified divestiture.
(e) The Attorney General or the Attorney General's
designee shall serve as the United States Government's
representative under the Framework Agreement. The
Attorney General shall receive any information from the
new joint venture, trusted security partners, or any
other party from whom information is provided pursuant
to the Framework Agreement and this order on behalf of
the United States Government. Trusted security partners
may also share information with other United States
Government officials.
Sec. 4. Amendment and Revocation. 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, the execution of the Framework Agreement's
implementation agreements, the Committee on Foreign
Investment in the United States (CFIUS) enters into an
agreement with certain Investor Parties that ensures
the alignment of the economic incentives of such
Investor Parties with compliance with the terms of the
Framework Agreement to protect national security.
(b) The agreement described in subsection (a) of
this section also resolves any national security
concern under section 721 of the Defense Production Act
of 1950 (50 U.S.C. 4565) (section 721) arising from the
acquisition of Musical.ly by ByteDance Ltd. as modified
by the divestiture outlined in the Framework Agreement.
[[Page 47222]]
(c) On the basis of the findings set forth in
subsections (a) and (b) of this section, considering
the factors described in subsection (f) of section 721,
as appropriate, and pursuant to my authority under
applicable law, including section 721, I hereby order
that:
(i) Section 2(b) of the Divestment Order is amended to read as follows in
its entirety: ``The prohibition in subsection (a) of this section shall
cease to be in effect if the Committee on Foreign Investment in the United
States (CFIUS) executes an agreement with certain investors, consistent
with the Executive Order of September 25, 2025 (Saving TikTok While
Protecting National Security).''.
(ii) Section 2(g) of the Divestment Order is redesignated as section 2(c)
and amended to read as follows in its entirety: ``Without limitation on the
exercise of authority by any agency under other provisions of law, the
Attorney General, in consultation with CFIUS, is authorized to implement
measures the Attorney General deems necessary and appropriate to verify
compliance with the agreement described in subsection (b) of this
section.''.
(iii) Sections 2(d) and 2(e) of the Divestment Order are stricken, and
sections 2(f), 2(h), and 2(i) of the Divestment Order are redesignated as
sections 2(d), 2(e), and 2(f), respectively.
Sec. 5. Reservation. 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.
Sec. 6. 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.
[[Page 47223]]
(d) The costs for publication of this order shall
be borne by the Department of Justice.
(Presidential Sig.)
THE WHITE HOUSE,
September 25, 2025.
[FR Doc. 2025-19139
Filed 9-29-25; 11:15 am]
Billing code 4410-CW-P