The White House has announced a further extension of the enforcement delay for the Protecting Americans from Foreign Adversary Controlled Applications Act as it applies to TikTok. The extension, outlined in an executive order signed by President Donald J. Trump on September 16, 2025, postpones any enforcement actions until December 16, 2025.
According to the order, “The enforcement delay specified in section 2(a) of Executive Order 14166 of January 20, 2025 (Application of Protecting Americans from Foreign Adversary Controlled Applications Act to TikTok), as extended by Executive Order 14258 of April 4, 2025 (Extending the TikTok Enforcement Delay), and Executive Order 14310 of June 19, 2025 (Further Extending the TikTok Enforcement Delay), is further extended until December 16, 2025. During this period, the Department of Justice shall take no action to enforce the Protecting Americans from Foreign Adversary Controlled Applications Act (the ‘Act’) (Public Law 118-50, Div. H) or impose any penalties against any entity for any noncompliance with the Act, including for distributing, maintaining, or updating (or enabling the distribution, maintenance, or updating of) any foreign adversary controlled application as defined in the Act. In light of this direction, even after the expiration of the above-specified period, the Department of Justice shall not take any action to enforce the Act or impose any penalties against any entity for any conduct that occurred during the above-specified period or any period prior to the issuance of this order, including the period of time from January 19, 2025, until the date of this order.”
The executive order also directs specific actions by federal officials: “The Attorney General shall take all appropriate action to issue written guidance to implement the provisions of subsection (a) of this section.” Additionally: “The Attorney General shall further issue a letter to each provider stating that there has been no violation of the statute and that there is no liability for any conduct that occurred during the above-specified period, as well as for any conduct from the effective date of the Act until the date of this order.”
Regarding enforcement authority and national security concerns raised by state or private attempts at enforcement: “Because of the national security interests at stake and because section 2(d) of the Act vests authority for investigations and enforcement of the Act only in the Attorney General, attempted enforcement by States or private parties represents an encroachment on powers of Executive. The Attorney General shall exercise all available authority to preserve and defend Executive’s exclusive authority to enforce Act.”
General provisions clarify that nothing in this order impairs existing legal authorities granted by law nor creates new rights enforceable against United States agencies.
Publication costs associated with this executive order will be covered by Department of Justice.
