![]() ![]() Since then, there have been reports of one or more US companies seeking to purchase TikTok, which would allow TikTok to continue operating. Even though the Secretary of Commerce did clarify the scope and impact of the prohibited transactions on September 18, 2020, the implementation of the Executive Orders was halted by federal judges shortly before they were slated to take effect.īyteDance was previously the subject of another executive order, issued on August 14, 2020, which requires it to divest its interests in TikTok within 90 days. The Executive Orders required the Secretary of Commerce to identify the types of transactions that would be subject to the Executive Orders. Téngxùn Kònggǔ Yǒuxiàn Gōngsī), Shenzhen, China, or any subsidiary of that entity.” EO 13943: “any transaction that is related to WeChat by any person, or with respect to any property, subject to the jurisdiction of the United States, with Tencent Holdings Ltd.Zìjié Tiàodòng), Beijing, China, or its subsidiaries, in which any such company has any interest” and EO 13942: “any transaction by any person, or with respect to any property, subject to the jurisdiction of the United States, with ByteDance (a.k.a.To address concerns of the Administration regarding data collected by TikTok and WeChat and other stated concerns, the President ordered that the following activities be prohibited: EO 13873 creates a framework for imposing restrictions on the acquisition, importation, transfer, installation, dealing in, or use of any information and communications technology or service (transaction) by any US person or others subject to US jurisdiction involving any property in which any foreign country or national has any interest. The Executive Orders are based on the national emergency the President declared in EO 13873 of with respect to the information and communications technology and services supply chain. On August 6, 2020, President Trump, pursuant to the International Emergency Economic Powers Act ( et seq.) (IEEPA) and other authorities, issued EO 1393. Despite the suspensions, Affected Entities with ties to the named Chinese technology companies should prepare to take action with respect to any relationships or activities that may be subject to the Executive Orders. The prohibitions were scheduled to take effect on September 20 and 27, respectively, but are now suspended due to preliminary injunctions issued by federal courts in favor of WeChat and TikTok. On September 18, 2020, the US Secretary of Commerce released the list of transactions involving WeChat and TikTok that will be covered under the Executive Orders. Executive Orders (EO) 1393 (the Executive Orders) authorized US Secretary of Commerce Wilbur Ross to specify the types of prohibited transactions with Tencent (relating to WeChat) and ByteDance, including their subsidiaries, by persons or involving property subject to the jurisdiction of the United States (Affected Entities). ![]() (Tencent), the companies owning TikTok and WeChat, respectively. US President Donald Trump issued two executive orders on August 6, 2020, mandating a ban on transactions with ByteDance Ltd.
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