CBCF EXECUTIVE ORDER TRACKER
Extending the TikTok Enforcement Delay Executive Order #14258
POLICY UPDATE BACKGROUND On January 20, 2025, President Trump signed an executive order, Application of the Protecting Americans from Foreign Adversary Controlled Applications Act to TikTok (the “Act”). The executive order is a response to The Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), a bipartisan bill signed by President Joe Biden in 2024., prohibits “foreign adversary controlled applications” (FACAs), which include mobile apps, websites, desktop apps, and augmented/immersive tech, if controlled by specified adversary‑actors. The Act was designed specifically to target the China‑based parent company of TikTok, ByteDance Ltd. The executive order instructed the Attorney General not to enforce the Act for a 75day period from the date of the order to give the Trump administration time to determine the appropriate path forward with respect to the ban of TikTok in the United States. As the 75-day moratorium deadline approached, President Trump issued another executive order extending the TikTok enforcement delay for another 75-days through June 19, 2025. The TikTok enforcement has since been delayed two more times through December 16, 2025. The delayed enforcement of the Act gives Black creators, entrepreneurs and educators who heavily use TikTok for income, cultural expression, and community‑building, additional time to continue operating without disruption. At the same time, the uncertainty around a potential ban raises concerns about long‑term income loss and visibility for those same Black communities.
CURRENT LANDSCAPE On September 25, 2025, President Trump issued the executive order, Saving TikTok While Protecting National Security. The order formally recognizes a proposed “qualified divestiture” of TikTok under the Act, meaning TikTok’s U.S. operations will be transferred to a new U.S.-based joint‑venture company, majority‑owned and controlled by U.S. persons, with the Chinese parent company ByteDance Ltd. owning less than 20 %. Major U.S. businesses, including Oracle, Silver Lake, and Abu Dhabi’s MGX, are said to be the main investors, controlling approximately 45% of TikTok in the U.S. The order sets stringent safeguards: U.S. user data must be stored in a U.S.‑controlled cloud, algorithms and content moderation must be under the U.S. board’s control, and the Department of Justice is directed to suspend enforcement of the Act for 120 days to allow the divestiture to be completed.