Trump’s executive order: Details of TikTok’s US divestiture plan

source:The White House of the United States, compiled: bitchain vision

Under the Presidential powers granted to me by the United States Constitution and laws, hereby order:

Section 1: Background.The Protecting Americans from Foreign Adversary Control Applications Act (hereinafter referred to as the “Act”) (Public Act No. 118-50, Part H) regulates “foreign opponent controlled applications” on the grounds of national security, especially TikTok and other applications operated by a subsidiary of ByteDance Co., Ltd. (headquartered in China).

Section 2(a) of the Act prohibits any entity from distributing, maintaining or updating applications controlled by certain foreign adversaries within the United States, including: (1)Such distribution, maintenance or update services are provided through online mobile app stores or other markets; or (2)Provide Internet hosting services, to support the distribution, maintenance or update of such applications.Article 2(g) of the Act defines “foreign rival controlled applications” as websites, desktop applications, mobile applications, and enhanced or immersive technology applications that are directly or indirectly operated by ByteDance Co., Ltd., TikTok or certain subsidiaries.Under section 2(a), the injunction against these entities in the Act will come into force on January 19, 2025.On January 20, 2025, I issued Executive Order No. 14166 (the “Protecting Americans from Foreign Adversary Control Apps Act” applies to TikTok), postponing the implementation of the bill until April 5, 2025.On April 4, 2025, I issued Executive Order No. 14258 (“Extended TikTok Implementation Delay”), further postponing the implementation of the bill to June 19, 2025.On June 19, 2025, I issued Executive Order No. 14310 (“Further extending the delay in the implementation of TikTok”), further postponing the implementation of the bill to September 17, 2025.Finally, on September 16, 2025, I issued Executive Order No. 14350 (“Further Extend the Implementation Delay of TikTok”), and the implementation period of the bill was postponed to December 16, 2025.

Article 2(c) of the bill further authorizes the president to pass inter-departmental procedures to determine that TikTok has completed a “qualified divestment”, thereby lifting the ban on the bill.To achieve a “qualified divestiture”, TikTok must execute a transaction that will prevent the app from being controlled by foreign opponents and prevent previously associated entities from maintaining an “operating relationship” with the app’s business in the United States.The bill defines “operational relationships” as including “cooperation in the operation of content recommendation algorithms” and “an agreement on data sharing.”

I have received a plan to conduct a qualified divestiture of TikTok’s US business. The specific content is contained in a framework agreement (framework agreement).According to the framework agreement,TikTok U.S. will be operated by a newly established joint venture.The joint venture will be held by the Americans in a majority stake and control and will no longer be controlled by any foreign rivals, as the shares held by ByteDance Co., Ltd. and its affiliates will be less than 20%, and the remaining shares will be held by specific investors (investors).This houseThe new joint venture will be managed by the new board of directorsand comply with rules designed to properly protect U.S. citizens’ data and national security.

Therefore, I ruled that the proposed divestiture plan will allow millions of Americans who use TikTok every day to continue using it while protecting national security.

Section 2: Ruling.(a) Under the Act, the President must pass a “inter-departmental process” to rule that a certain divestment is a “qualified divestment.”In line with my mandate and directive, the Vice President led this intersectoral process and conducted cooperation and consultations with the National Security Council, the Office of Science and Technology Policy, the Ministry of Finance, the Ministry of Justice, the Ministry of Commerce and the Office of the Director of National Intelligence.The procedure includes, but is not limited to, important cross-departmental review and consultation, hearing multiple briefings from numerous experts and national security officials, and extensive negotiations with external parties.This intersectoral process examines all aspects of the proposed divestment and makes recommendations to me.

(b) After completing the cross-departmental procedures envisaged by the Act, I have identified the following:

(i) The TikTok app is a short video-centric social media platform that is used by approximately 170 million Americans.TikTok not only provides entertainment, many American content creators also rely on TikTok to make a living, and many American companies rely on it for advertising.

(ii) Congress passed the bill in response to concerns from the U.S. national security agencies that TikTok apps are controlled by foreign opponents.

(iii) The divestiture proposed in the framework agreement address these national security concerns and complies with the provisions of the bill because it removes TikTok apps and certain other apps from the “control” of foreign opponents and excludes any “operational relationship” between the original affiliated entity controlled by foreign opponents and the new joint venture.

(A) First,Split will disengage TikTok apps and certain other apps from the control of “foreign opponents” defined by the bill, because among other things, the new joint venture will be located in the United States and the shareholding or control ratio of foreign rival entities or individuals in the joint venture will be less than 20%.

(B) Second,This divestiture places algorithm and code operation and content review decisions under the control of the new joint venture.

(C) Third,The divestiture prohibits the storage of sensitive U.S. user data in a way that stores sensitive U.S. user data under the control of foreign opponents and requires that this data be stored in a cloud environment operated by U.S. companies..

(D) Fourth,The divestiture program includes the tight monitoring of software updates, algorithms and data flows in the United States, and requires that all recommended models (including algorithms) using U.S. user data must be retrained and monitored by these trusted security partners..

(iv) These safeguards will protect the American people from data abuse and foreign rivals, while also allowing millions of American users, creators and businesses who rely on the TikTok app to continue using it.

(c) Based on the above findings, I further determine that once the agreement is implemented, the divestiture of applications outlined in the framework agreement will be a “qualified divestiture” under the Act, including the TikTok application, the Lemon8 application, the CapCut application, any other application or website officially operated by the new joint venture and its affiliated or affiliated websites.

Section 3: Action.(a) To allow the completion of the expected peeling,The Attorney General shall not take any action on behalf of the United States to enforce the Act within 120 days from the date of this order.During this period, the Department of Justice shall not take any action to enforce the Act, nor shall it impose any penalties on any entity that does not comply with the Act, including the distribution, maintenance or renewal (or permitting the distribution, maintenance or renewal) of any foreign adversary controlled applications as defined in the Act.In view of this direction, even after the expiration of the above-mentioned period, the Ministry of Justice shall not enforce the Act in any action, nor impose any penalties on any conduct that occurs in any entity during the above-mentioned period or any period prior to the issuance of this Order, including from January 19, 2025 to the issuance of this Order.

(b) The Attorney General shall take all appropriate actions and issue written guidance to implement the provisions of paragraph (a) of this section.

(c) The Attorney General shall send a letter to the relevant provider that there is no violation of the Act and shall not be liable for any conduct that occurs within the 120-day period specified in subsection (a) of this section and any conduct from the date of entry into force of the Act to the date of publication of this Order.

(d) As it is concerned with national security interests and Section 2(d) of the Act gives the Attorney General the full authority to investigate and enforce the Act, the attempt by the state or private individuals to enforce the Act will constitute an infringement of the powers of the Executive.The Attorney General shall exercise all existing powers to safeguard and defend the exclusive powers of the executive branch to implement this Act, including the President’s decision to make qualified divestitures.

(e) The Attorney General or his designated person shall serve as a representative of the United States Government under the Framework Agreement.The Attorney General shall, on behalf of the United States Government, receive information from a new joint venture, a trusted security partner or any other third party that provides information under the Framework Agreement and this Order.Trusted security partners can also share information with other U.S. government officials.

Section 4: Revision and Revocation.The Presidential Memorandum of July 24, 2024 (authorized by the Applications Act to Protect Americans from Foreign Adversaries) is now revoked.As stated in this order, I have determined that the divestiture outlined in the framework agreement constitutes a “qualified divestiture” under the Act and addresses the national security issues involved in the Act.

I further determined:

(a) The Executive Order of August 14, 2020 (About ByteDance Co., Ltd.’s acquisition of Musical.ly) (the “Splitting Order”) explicitly ensures that I have the power to issue further orders against ByteDance Co., Ltd., Musical.ly, U.S. Musical.ly and TikTok Inc. to protect national security.The threat to national security as described in the Drainage Order can be adequately mitigated if, after or at the same time, the Commission on Foreign Investment (CFIUS) enters into an agreement with certain investors to ensure that these investors’ economic incentives are consistent with the terms of complying with the framework agreement to protect national security.

(b) The agreement described in paragraph (a) of this section also resolves any national security concerns arising from ByteDance’s acquisition of Musical.ly under Section 721 of the National Defense Production Act 1950 (50 USC 4565), which has been modified in accordance with the divestiture outlined in the framework agreement.

(c) In accordance with the findings set out in subsections (a) and (b) of this section, taking into account the factors described in subsections 721 (f) as the case may be, and the powers granted to me in accordance with applicable law (including subsection 721), I hereby order:

(i) The full text of Article 2(b) of the divestiture order is amended as follows: “If the Council on Foreign Investment in the United States (CFIUS) reaches an agreement with certain investors and the agreement complies with the Executive Order to Save TikTok under National Security issued on September 25, 2025, the ban in paragraph (a) of this Article will no longer take effect.”

(ii) Section 2(g) of the Split Order is changed to Section 2(c), and the full text is modified as follows: “Without restricting any institution from exercising its powers under other provisions of law, the Attorney General, after consultation with CFIUS, has the right to implement measures it deems necessary and appropriate to verify compliance with the agreements referred to in Article (b) of this section.”

(iii) Delete Articles 2(d) and 2(e) of the Split Order and re-designate Sections 2(f), 2(h) and 2(i) of the Split Order as Articles 2(d), 2(e) and 2(f), respectively.

Section 5: Right of reservation.I hereby reserve the right to issue further orders on this matter, which shall prevail in my judgment as necessary to protect national security.

Section 6: General Regulations.(a) Nothing in this Order shall be construed as a damaging or otherwise affecting:

(i) The powers granted by law to an administrative department or an institution or its chiefs; or

(ii) Functions of the Director of the Office of Management and Budget related to budget, administrative or legislative proposals.

(b) The implementation of this Order shall comply with applicable law and shall depend on the grant.

(c) This Order is not intended and does not arise any substantive or procedural right or interest, and neither party shall enforce it under law or equitable against the United States, its departments, institutions or entities, its officers, employees or agents, or any other person.

(d) The expenses of issuing this order shall be borne by the Ministry of Justice.

Donald J. Trump

White House,

September 25, 2025.

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