Executive Order 13942 · Signed Aug 6, 2020

85 FR 48637 · Published Aug 11, 2020 · Effective on signing

Newsworthy
Share

Addressing the Threat Posed by TikTok, and Taking Additional Steps To Address the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain

national securitytechnology regulationChina policydata privacyemergency economic powers

Signed by President Donald Trump

The order prohibits all transactions by U.S. persons with ByteDance Ltd. — the Chinese parent company of TikTok — effective 45 days after signing, invoking emergency economic powers over the threat TikTok poses to Americans' data and national security.

It substantially expands the national emergency on information-and-communications-technology supply chains declared in 2019, applying IEEPA transaction-ban authority to a single app used by more than 175 million Americans.

What this order does

What it orders

The order prohibits any person or entity subject to U.S. jurisdiction from engaging in any transaction with ByteDance Ltd. or its subsidiaries in which ByteDance has any interest, effective 45 days after signing. The Secretary of Commerce is directed to identify the specific covered transactions within that 45-day window and is authorized to adopt rules, regulations, and other measures using all powers granted under IEEPA to implement the prohibition. All federal departments and agencies are also directed to take appropriate measures within their own authority to implement the order.

The prohibition does not apply where statutes, regulations, orders, directives, or licenses issued under the order provide an exception. Existing contracts and licenses offer no shield — the prohibition applies notwithstanding any contract or permit entered before the order's date. The order expressly creates no private right or benefit enforceable against the United States.

Who it affects

Any U.S. person — including citizens, permanent residents, U.S.-organized entities, and anyone physically in the United States — who transacts with ByteDance Ltd. or its subsidiaries, including advertisers, app-store operators, payment processors, and the roughly 175 million Americans who use TikTok.

Why it matters

Ordinary users, businesses, and developers who rely on TikTok for commerce, advertising, or content face a hard cutoff on all financial and commercial dealings with ByteDance. App stores distributing TikTok and companies buying advertising on the platform would also be swept into the prohibition.

What must happen and when

How the order is supposed to work

The prohibition is not self-enforcing at signing: it activates 45 days out, and the Secretary of Commerce must publish the list of covered transactions before that deadline. The Secretary also holds broad IEEPA authority to issue licenses creating case-by-case exemptions. Enforcement teeth come from IEEPA's civil and criminal penalty provisions. The order contains a standard severability-like general-provisions clause preserving other agency authorities, and implementation is subject to appropriations availability.

Actions and deadlines

  • Secretary of Commerce identifies the specific transactions with ByteDance subject to the prohibitionWithin 45 days of signing
  • Prohibition on all transactions with ByteDance Ltd. and its subsidiaries takes effectWithin 45 days of signing
  • Secretary of Commerce adopts rules and regulations implementing the order using IEEPA authorityNo deadline specified
  • All federal departments and agencies take appropriate measures to implement the orderNo deadline specified

Agencies directed to act

Department of Commerce

Authority and reach

Authorities cited

International Emergency Economic Powers Act (IEEPA)

Statute giving the President broad authority to block transactions during a declared national emergency involving foreign threats.

National Emergencies Act

Statute governing how Presidents declare and maintain national emergencies.

3 U.S.C. § 301

Statute authorizing the President to delegate functions to executive branch officers.

Executive Order

Ask GovernmentReporter about this order

Ask anything about what this order does, who it affects, and how it changes policy.