TIKTOK INC. et al v. TRUMP et al
Filing
15
MOTION for Preliminary Injunction MOTION to Expedite by BYTEDANCE LTD., TIKTOK INC. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Declaration, #4 Declaration, #5 Declaration, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Text of Proposed Order)(Hall, John). Added MOTION to Expedite on 9/24/2020 (zeg).
Case 1:20-cv-02658-CJN Document 15-20 Filed 09/23/20 Page 1 of 4
EXHIBIT 14
Case 1:20-cv-02658-CJN Document 15-20 Filed 09/23/20 Page 2 of 4
Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Presidential Documents
51297
Presidential Documents
Order of August 14, 2020
Regarding the Acquisition of Musical.ly by ByteDance Ltd.
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 721 of the Defense
Production Act of 1950, as amended (section 721), 50 U.S.C. 4565, it is
hereby ordered as follows:
Section 1. Findings. (a) There is credible evidence that leads me to believe
that ByteDance Ltd., an exempted company with limited liability incorporated under the laws of the Cayman Islands (‘‘ByteDance’’), through acquiring all interests in musical.ly, an exempted company with limited liability
incorporated under the laws of the Cayman Islands (‘‘Musical.ly’’), might
take action that threatens to impair the national security of the United
States. As a result of the acquisition, ByteDance merged its TikTok application with Musical.ly’s social media application and created a single integrated
social media application; and
(b) Provisions of law, other than section 721 and the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), do not, in my judgment,
provide adequate and appropriate authority for me to protect the national
security in this matter.
Sec. 2. Actions Ordered and Authorized. On the basis of the findings set
forth in section 1 of this order, considering the factors described in subsection
(f) of section 721, as appropriate, and pursuant to my authority under
applicable law, including section 721, I hereby order that:
(a) The transaction resulting in the acquisition by ByteDance of Musical.ly,
to the extent that Musical.ly or any of its assets is used in furtherance
or support of, or relating to, Musical.ly’s activities in interstate commerce
in the United States (‘‘Musical.ly in the United States’’), is hereby prohibited,
and ownership by ByteDance of any interest in Musical.ly in the United
States, whether effected directly or indirectly through ByteDance, or through
ByteDance’s subsidiaries, affiliates, or Chinese shareholders, is also prohibited.
jbell on DSKJLSW7X2PROD with EXECORD
(b) In order to effectuate this order, not later than 90 days after the
date of this order, unless such date is extended for a period not to exceed
30 days, on such written conditions as the Committee on Foreign Investment
in the United States (CFIUS) may impose, ByteDance, its subsidiaries, affiliates, and Chinese shareholders, shall divest all interests and rights in:
(i) any tangible or intangible assets or property, wherever located, used
to enable or support ByteDance’s operation of the TikTok application
in the United States, as determined by the Committee; and
(ii) any data obtained or derived from TikTok application or Musical.ly
application users in the United States. Immediately upon divestment,
ByteDance shall certify in writing to CFIUS that all steps necessary to
fully and permanently effectuate the actions required under sections 2(a)
and 2(b) have been completed.
(c) Immediately upon divestment, ByteDance shall certify in writing to
CFIUS that it has destroyed all data that it is required to divest pursuant
to section 2(b)(ii), as well as all copies of such data wherever located,
and CFIUS is authorized to require auditing of ByteDance on terms it deems
appropriate in order to ensure that such destruction of data is complete.
(d) ByteDance shall not complete a sale or transfer under section 2(b)
to any third party:
VerDate Sep<11>2014
19:53 Aug 18, 2020
Jkt 250001
PO 00000
Frm 00001
Fmt 4790
Sfmt 4790
E:\FR\FM\19AUE0.SGM
19AUE0
Case 1:20-cv-02658-CJN Document 15-20 Filed 09/23/20 Page 3 of 4
51298
Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Presidential Documents
(i) until ByteDance notifies CFIUS in writing of the intended recipient
or buyer; and
(ii) unless 10 business days have passed from the notification in section
2(d)(i) and CFIUS has not issued an objection to ByteDance. Among the
factors CFIUS may consider in reviewing the proposed sale or transfer
are whether the buyer or transferee: is a U.S. citizen or is owned by
U.S. citizens; has or has had a direct or indirect contractual, financial,
familial, employment, or other close and continuous relationship with
ByteDance, or its officers, employees, or shareholders; and can demonstrate
a willingness and ability to support compliance with this order. In addition,
CFIUS may consider whether the proposed sale or transfer would threaten
to impair the national security of the United States or undermine the
purpose of this order, and whether the sale effectuates, to CFIUS’s satisfaction and in its discretion, a complete divestment of all tangible or intangible
assets or property, wherever located, used to enable or support the operation of the TikTok application in the United States.
(e) From the date of this order until ByteDance provides a certification
of divestment to CFIUS pursuant to section 2(b), ByteDance and TikTok
Inc., a Delaware corporation, shall certify to CFIUS on a weekly basis that
they are in compliance with this order and include a description of efforts
to divest the interests and rights described in section 2(b) and a timeline
for projected completion of remaining actions.
(f) Any transaction or other device entered into or employed for the
purpose of, or with the effect of, evading or circumventing this order is
prohibited.
(g) Without limitation on the exercise of authority by any agency under
other provisions of law, and until such time as the divestment is completed
and verified to the satisfaction of CFIUS, CFIUS is authorized to implement
measures it deems necessary and appropriate to verify compliance with
this order and to ensure that the operations of the TikTok application
are carried out in such a manner as to ensure protection of the national
security interests of the United States. Such measures may include the
following: on reasonable notice to ByteDance and TikTok Inc., employees
of the United States Government, as designated by CFIUS, shall be permitted
access, for purposes of verifying compliance with this order, to all premises
and facilities of ByteDance and TikTok Inc., and any of their respective
subsidiaries, operated in furtherance of the TikTok application located in
the United States:
(i) to inspect and copy any books, ledgers, accounts, correspondence,
memoranda, and other records and documents in the possession or under
the control of ByteDance or TikTok Inc., or any of their respective subsidiaries, that concern any matter relating to this order;
jbell on DSKJLSW7X2PROD with EXECORD
(ii) to inspect or audit any information systems, networks, hardware, software, data, communications, or property in the possession or under the
control of ByteDance or TikTok Inc., or any of their respective subsidiaries;
and
(iii) to interview officers, employees, or agents of ByteDance or TikTok
Inc., or any of their respective subsidiaries, concerning any matter relating
to this order. CFIUS shall conclude its verification procedures within
90 days after the certification of divestment is provided to CFIUS pursuant
to subsection (b) of this section.
(h) If any provision of this order, or the application of any provision
to any person or circumstances, is held to be invalid, the remainder of
this order and the application of its other provisions to any other persons
or circumstances shall not be affected thereby. If any provision of this
order, or the application of any provision to any person of circumstances,
is held to be invalid because of the lack of certain procedural requirements,
the relevant executive branch officials shall implement those procedural
requirements.
VerDate Sep<11>2014
19:53 Aug 18, 2020
Jkt 250001
PO 00000
Frm 00002
Fmt 4790
Sfmt 4790
E:\FR\FM\19AUE0.SGM
19AUE0
Case 1:20-cv-02658-CJN Document 15-20 Filed 09/23/20 Page 4 of 4
Federal Register / Vol. 85, No. 161 / Wednesday, August 19, 2020 / Presidential Documents
51299
(i) The Attorney General is authorized to take any steps necessary to
enforce this order.
Sec. 3. Reservation. I hereby reserve my authority to issue further orders
with respect to ByteDance, Musical.ly, Musical.ly in the United States, and
TikTok Inc. as shall in my judgment be necessary to protect the national
security.
Sec. 4. Publication and Transmittal. (a) This order shall be published in
the Federal Register.
(b) I hereby direct the Secretary of the Treasury to transmit a copy of
this order to the appropriate parties named in section 1 of this order.
THE WHITE HOUSE,
August 14, 2020.
[FR Doc. 2020–18360
Filed 8–18–20; 11:15 am]
VerDate Sep<11>2014
19:53 Aug 18, 2020
Jkt 250001
PO 00000
Frm 00003
Fmt 4790
Sfmt 4790
E:\FR\FM\19AUE0.SGM
19AUE0
Trump.EPS
jbell on DSKJLSW7X2PROD with EXECORD
Billing code 3295–F0–P
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?