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

1. Purpose

This executive order establishes a 75-day period during which the enforcement of the Protecting Americans from Foreign Adversary Controlled Applications Act is paused. This aims to allow the Administration time to assess appropriate actions regarding TikTok and its parent company, ByteDance Ltd.

2. Key Actions And Directives
  • Enforcement Hiatus:  The Attorney General shall not enforce the Act against TikTok or ByteDance during the 75-day period.
  • Guidance Issuance:  The Attorney General must provide written guidance to clarify the non-enforcement period's implementation.
3. Important Points
  • Non-Enforceability of Rights:  The executive order is not intended to create enforceable rights or benefits against the United States.
  • Implementation Consistency:  The implementation of the order must align with applicable laws and depend on available appropriations.
  • National Security Responsibility:  The President holds constitutional authority over national security measures and foreign policy actions.
  • Effective Date of Act Prohibitions:  Prohibitions against distributing certain applications from foreign adversaries become effective on January 19, 2025.
  • Attorney General's Enforcement Limitation:  The Attorney General is prohibited from enforcing the Act for any conduct prior to or during the 75-day hiatus.
  • Section 2(d) Authority:  Only the Attorney General has the authority to investigate and enforce the Act, excluding state or private enforcement attempts.

Disclaimer: ExecBrief's are AI generated, Please verify with the original source to confirm

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