Saving TikTok While Protecting National Security

In accordance with the powers granted to me as President under the Constitution of the United States, I hereby issue the following order:

Section 1.  Overview. The Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”) (Public Law 118-50, Div. H) is a legislative response aimed at regulating applications controlled by foreign adversaries, notably including TikTok and any affiliates of its Chinese parent company, ByteDance Ltd., citing national security concerns.

Section 2(a) of the Act strictly forbids the distribution, maintenance, or updating of specified foreign adversary controlled applications within U.S. borders. This includes services facilitated by online mobile application stores or any platforms that assist in hosting such applications. Section 2(g) defines “foreign adversary controlled application” to encompass a range of digital platforms—like websites, desktop and mobile apps, as well as augmented or immersive technology applications managed by ByteDance Ltd., TikTok, or other associated entities. Notably, enforcement of these prohibitions is set to commence on January 19, 2025. However, following my Executive Order 14166, enforcement is deferred to April 5, 2025. This enforcement delay has since been extended multiple times, with the current deadline pushed to December 16, 2025.

Section 2(c) empowers the President to confirm that TikTok can undergo a “qualified divestiture” through an interagency assessment. This process requires that TikTok must divest in such a way that it no longer falls under foreign adversarial control, thereby eliminating any substantive operational ties to its former entities. Such relationships encompass any collaborative efforts involving content recommendation algorithms or data sharing agreements.

A proposal has been presented to facilitate a qualified divestiture of TikTok’s U.S. operations, structured as per a Framework Agreement. Under this arrangement, TikTok’s U.S. application will be governed by a newly established joint venture based entirely on American soil. This entity will be predominantly owned by U.S. stakeholders, effectively sidelining foreign adversarial influence since ByteDance Ltd. and its affiliates will retain less than 20 percent ownership. The joint venture will operate under a new board of directors and adhere to robust regulations designed to protect American data and uphold national security.

Consequently, I have concluded that this divestiture plan will enable the millions of Americans who currently enjoy TikTok to continue utilizing the platform while safeguarding our national security interests.

Sec. 2.  Decision. (a) Under the provisions of the Act, the President’s designation of a divestiture as a “qualified divestiture” must be established through a comprehensive interagency process. Assigned to this task, the Vice President has overseen an interagency procedure in conjunction 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 multi-faceted undertaking involved thorough discussions, expertise briefings, and extensive negotiations with relevant external parties. The results of this deliberative process have generated recommendations for my consideration regarding all facets of the proposed divestiture.

(b) Having conducted the interagency assessments outlined in the Act, I have reached the following conclusions:

(i) The TikTok platform serves approximately 170 million Americans, offering more than mere entertainment; it is a critical tool for many content creators and businesses relying on it for their livelihoods and advertising strategies.

(ii) The Act was enacted as a response to national security apprehensions concerning TikTok’s management by a foreign adversary.

(iii) The divestiture plan presented in the Framework Agreement effectively addresses these national security issues and aligns with the Act’s stipulations, as it removes TikTok from foreign control and negates any “operational relationship” with entities tied to foreign adversaries.

(A) Primarily, the divestiture eliminates foreign adversarial control over TikTok as defined in the Act, given that the new joint venture will be established domestically with less than 20 percent foreign ownership.

(B) Additionally, the new venture will assume control over algorithms and content moderation, ensuring these operate independently of prior international influences.

(C) Furthermore, sensitive U.S. user data will be stored domestically, preventing foreign adversarial access, with mandates for storage managed by American firms.

(D) The plan also includes stringent oversight on software updates and algorithm adjustments, with trusted U.S. security partners monitoring all operations. Recommendation algorithms utilizing U.S. user data will undergo retraining and continuous assessment by these partners.

(iv) Such measures are designed to guard American citizens against potential misuse of their data and foreign influence while allowing millions of American users, creators, and businesses to keep engaging with the TikTok platform.

(c) Based on these validations, I further conclude that the divestiture of the applications as delineated in the Framework Agreement will qualify as a “qualified divestiture” under the Act—including but not limited to TikTok, Lemon8, CapCut, and their related services.

Sec. 3.  Implementation. (a) To facilitate the completion of the envisaged divestiture, the Attorney General shall refrain from enforcing the Act for a period of 120 days starting from the date of this order. During this timeframe, the Department of Justice will not pursue actions to enforce the Act or impose penalties against entities that may breach its provisions, including the distribution, maintenance, or updating of any foreign adversarial controlled applications as defined therein. Even after this period, the Department will not levy any penalties related to actions taken during this time or prior to the issuance of this order.

(b) The Attorney General shall be tasked with providing guidance necessary to execute the provisions outlined in subsection (a).

(c) The Attorney General will affirm in writing to related service providers that no violations of the Act have occurred and that there are no liabilities for actions taken during the 120-day period specified in subsection (a) or prior to this order.

(d) In light of the pressing national security matters at hand, and as outlined in section 2(d) of the Act, the sole investigative and enforcement authority resides with the Attorney General. Any attempt by state entities or private parties to enforce the Act would encroach upon the Executive’s powers. Consequently, the Attorney General is to assert all necessary authority to uphold the Executive’s exclusive rights to enforce the Act, which includes my designation of a qualified divestiture.

(e) The Attorney General or their designated representative will act as the U.S. Government’s agent under the Framework Agreement, receiving data from the new joint venture and trusted security allies in accordance with this order. Trusted partners may also relay information to other U.S. officials involved.

Sec. 4.  Modifications. The Presidential Memorandum dated July 24, 2024 (Delegation of Authority Under the Protecting Americans from Foreign Adversary Controlled Applications Act) is hereby nullified. As stated earlier, it has been determined that the proposed divestiture under the Framework Agreement constitutes a “qualified divestiture” under the Act and adequately addresses the national security concerns it was designed to mitigate.

In conclusion, I affirm that:

(a) The Order of August 14, 2020 (related to ByteDance Ltd.’s acquisition of Musical.ly)—the Divestment Order—reserves my authority to issue follow-up orders concerning ByteDance Ltd., Musical.ly, and TikTok Inc. as I see fit to protect national security. The previously noted risks to national security as described in the Divestment Order can be effectively managed if, following or alongside the execution of the Framework Agreement, the Committee on Foreign Investment in the United States (CFIUS) reaches an agreement with select Investor Parties to ensure their economic interests align with adhering to the Framework’s stipulations designed for national security protection.

(b) This agreement will also alleviate any national security apprehensions outlined in the Defense Production Act of 1950 arising from ByteDance Ltd’s acquisition of Musical.ly, further upheld by the proposed divestiture under the Framework Agreement.

(c) Based on the findings listed in subsections (a) and (b), taking into account relevant factors as necessary, I hereby order the following under my authority:

(i) Section 2(b) of the Divestment Order shall now read: “The prohibition in subsection (a) shall cease to apply if the Committee on Foreign Investment in the United States (CFIUS) formalizes an agreement with designated investors, as outlined in the Executive Order of September 25, 2025 (Saving TikTok While Protecting National Security).”

(ii) Section 2(g) of the Divestment Order will be reclassified as section 2(c) and amended to state: “Without limiting any agency’s authority under other laws, the Attorney General, in consultation with CFIUS, is empowered to enact necessary measures to ensure compliance with the agreement referred to in subsection (b).”

(iii) Sections 2(d) and 2(e) of the Divestment Order will be removed, and sections 2(f), 2(h), and 2(i) will be renumbered as sections 2(d), 2(e), and 2(f) correspondingly.

Sec. 5.  Authority Reservation. I reserve the right to enact additional orders regarding this topic as needed to protect national security.

Sec. 6.  General Clauses. (a) Nothing in this order shall undermine or alter:

(i) The authority attributed to any executive department or agency and their heads; or

(ii) The responsibilities of the Director of the Office of Management and Budget relating to legislative, administrative, or budgetary elements.

(b) This order will be executed consistently with applicable laws and within available budgetary resources.

(c) This order is not meant to, nor does it, establish any right or benefit, substantial or procedural, enforceable by any party against the United States or its departments, agencies, or entities, including its officers, employees, or agents, or any other individual.

(d) The expenses incurred for publishing this order will be covered by the Department of Justice.

                               DONALD J. TRUMP

THE WHITE HOUSE,

    September 25, 2025.