Executive Order on Addressing the Threat Posed by TikTok

By the authority granted to me as President under the Constitution and laws of the United States, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code,

I, DONALD J. TRUMP, President of the United States, determine that further action is necessary to address the ongoing national emergency regarding the information and communications technology and services supply chain, as declared in Executive Order 13873 on May 15, 2019. In particular, mobile applications developed and owned by companies based in China continue to pose a threat to U.S. national security, foreign policy, and the economy. At this time, it is essential to respond to the specific risks posed by TikTok.

TikTok, a video-sharing app owned by the Chinese company ByteDance Ltd., has been downloaded over 175 million times in the U.S. and more than one billion times worldwide. The app automatically collects large amounts of user data, including internet activity, network usage, location data, browsing history, and search history. This extensive data collection raises concerns that the Chinese Communist Party could gain access to Americans’ personal and sensitive information. This access could allow China to track federal employees and contractors, compile personal data for blackmail, and engage in corporate espionage.

Reports also suggest that TikTok censors content deemed politically sensitive by the Chinese Communist Party. This includes topics related to protests in Hong Kong and the treatment of Uyghurs and other Muslim minorities in China. Additionally, the platform may be used to spread disinformation in ways that benefit the Chinese government. For example, TikTok videos have circulated conspiracy theories about the origins of the 2019 Novel Coronavirus, despite those claims being debunked.

Given these concerns, action must be taken to address the threats posed by TikTok.

These threats are real. The Department of Homeland Security, Transportation Security Administration, and U.S. Armed Forces have already banned TikTok from government-issued devices. India’s government also recently banned TikTok and other Chinese apps nationwide. According to India’s Ministry of Electronics and Information Technology, these apps were secretly collecting and sending user data to servers located outside of India without authorization. In response to security concerns, many American businesses and organizations have also started banning TikTok from their own devices. To protect U.S. national security, the United States must take decisive action against the app’s owners.

Accordingly, I order the following:

Section 1

(a) Starting 45 days from this order, the following actions will be prohibited, as long as they comply with applicable laws: Any transaction involving ByteDance Ltd. (also known as Zìjié Tiàodòng) or its subsidiaries in which they have an interest. This applies to any individual or property within U.S. jurisdiction, as determined by the Secretary of Commerce under section 1(c) of this order.

(b) The prohibition in subsection (a) applies except where statutes, regulations, orders, directives, or licenses issued under this order allow otherwise. It also applies regardless of any prior contracts, licenses, or permits issued before this order.

(c) After 45 days, the Secretary of Commerce will determine which transactions fall under subsection (a).

Section 2

(a) Any attempt to evade or bypass this order, whether by an individual or entity within the United States, is strictly prohibited.

(b) Any conspiracy formed with the intent to violate the prohibitions in this order is also prohibited.

Section 3

For the purpose of this order:

(a) The term "person" refers to an individual or entity.

(b) The term "entity" includes governments, government agencies, partnerships, associations, trusts, joint ventures, corporations, groups, subgroups, or international organizations.

(c) The term "United States person" refers to any U.S. citizen, permanent resident, business entity organized under U.S. law or any U.S. jurisdiction (including foreign branches), or any individual within U.S. territory.

Section 4

The Secretary of Commerce has full authority to issue regulations, adopt rules, and use all powers granted by the IEEPA to enforce this order. The Secretary may also delegate these responsibilities within the Department of Commerce, as allowed by law. All U.S. departments and agencies must take necessary steps within their power to enforce this order.

Section 5

(a) This order does not override:

(i) Any legal authority given to an executive department, agency, or its head.

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

(b) This order will be enforced under applicable laws and subject to available funding.

(c) This order does not create any legal right or enforceable claim against the United States, its agencies, officials, employees, or any other individual or entity.