Identification of Prohibited Transactions To Implement Executive Order 13942 and Address the Threat Posed by TikTok and the National Emergency With Respect to the Information and Communications Technology and Services Supply Chain, 60061-60063 [2020-21193]
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Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Rules and Regulations
designated items to a complete review.
The assessors may review
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reported changes in the laboratory’s
personnel, facilities or operations, or
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when appropriate.
■ 8. Revise § 285.14 to read as follows:
§ 285.14
Criteria for accreditation.
The requirements for laboratories to
be recognized by the National Voluntary
Laboratory Accreditation Program as
competent to carry out tests and/or
calibrations are contained in NIST
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General Requirements (incorporated by
reference, see § 285.16).
■ 9. Revise § 285.15(b) to read as
follows:
§ 285.15
Kevin A. Kimball,
Chief of Staff.
[FR Doc. 2020–18294 Filed 9–23–20; 8:45 am]
BILLING CODE 3510–13–P
Obtaining documents.
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(b) Copies of all ISO/IEC documents
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■ 10. Add § 285.16 to read as follows:
§ 285.16
B119, Gaithersburg, MD, 301–975–4016
NVLAP@nist.gov, www.nist.gov/
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(1) NIST Handbook 150, National
Voluntary Laboratory Accreditation
Program Procedures (NVLAP) and
General Requirements, authored by
Dana S. Leaman and Bethany Hackett,
2020 Edition, August 2020, 2020
(NVLAP Procedures and General
Requirements) https://nvlpubs.nist.gov/
nistpubs/hb/2020/NIST.HB.1502020.pdf; into §§ 285.8(a) and § 285.14.
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(a) National Institute of Standards and
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Commerce, 100 Bureau Drive, Room
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DEPARTMENT OF COMMERCE
15 CFR Chapter VII
[Docket Number 200917–0247]
RIN 0605–XD009
Identification of Prohibited
Transactions To Implement Executive
Order 13942 and Address the Threat
Posed by TikTok and the National
Emergency With Respect to the
Information and Communications
Technology and Services Supply
Chain
Office of the Secretary, U.S.
Department of Commerce.
ACTION: Identification of prohibited
transactions.
AGENCY:
Pursuant to Executive Order
13942, the Secretary of Commerce is
publishing the list of prohibited
transactions by any person, or with
respect to any property, subject to the
jurisdiction of the United States, with
ByteDance Ltd. (a.k.a. Zı`jie´ Tia`odo`ng),
Beijing, China, or its subsidiaries,
including TikTok Inc., in which any
such company has any interest, to
address the national emergency with
respect to the information and
communications technology and
services supply chain declared in
Executive Order 13873, May 15, 2019
(Securing the Information and
Communications Technology and
Services Supply Chain), and
particularly to address the threat
identified in Executive Order 13942
posed by mobile application TikTok.
DATES: Transactions identified in
paragraph 1 below will be prohibited at
11:59 p.m. eastern standard time on
September 27, 2020; transactions
identified in paragraphs 2, 3, 4, and 5
below will be prohibited at 11:59 p.m.
SUMMARY:
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60061
eastern standard time on November 12,
2020.
FOR FURTHER INFORMATION CONTACT:
Kathy Smith, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1859.
For media inquiries: Meghan Burris,
Director, Office of Public Affairs, U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4883.
SUPPLEMENTARY INFORMATION: In
Executive Order 13873 of May 15, 2019
(Securing the Information and
Communications Technology and
Services Supply Chain), the President
found that foreign adversaries are
increasingly creating and exploiting
vulnerabilities in information and
communications technology and
services (ICTS), which store and
communicate vast amounts of sensitive
information, facilitate the digital
economy, and support critical
infrastructure and vital emergency
services, in order to commit malicious
cyber-enabled actions, including
economic and industrial espionage
against the United States and its people.
The President further found that the
unrestricted acquisition or use in the
United States of ICTS designed,
developed, manufactured, or supplied
by persons owned by, controlled by, or
subject to the jurisdiction or direction of
foreign adversaries augments the ability
of foreign adversaries to create and
exploit vulnerabilities in ICTS, with
potentially catastrophic effects, and
thereby constitutes an unusual and
extraordinary threat to the national
security, foreign policy, and economy of
the United States, and declared a
national emergency with respect to this
threat. The President directed that
additional steps are required to protect
the security, integrity, and reliability of
ICTS provided and used in the United
States.
On August 6, 2020, in Executive
Order 13942 (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), the President further found that
the spread in the United States of
mobile applications developed and
owned by companies in the People’s
Republic of China (China) continues to
threaten the national security, foreign
policy, and economy of the United
States. The President directed that
action must be taken to address the
threat posed by the mobile application
TikTok.
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60062
Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Rules and Regulations
Pursuant to Executive Order 13942,
any transaction by any person, or with
respect to any property, subject to the
jurisdiction of the United States, with
ByteDance Ltd. (a.k.a. Zı`jie´ Tia`odo`ng),
Beijing, China, or its subsidiaries,
including TikTok Inc., in which any
such company has any interest, as
identified by the Secretary of Commerce
(Secretary) within 45 days from the date
of Executive Order 13942, shall be
prohibited to the extent permitted under
applicable law. This Identification of
Prohibited Transactions implements
that directive by the President.
Identifying Prohibited Transactions
Definitions
Content delivery service means a
service that copies, saves, and delivers
content, for a fee, from geographically
dispersed servers to end-users for the
purposes of enabling faster delivery of
content.
Entity means a government or
instrumentality of such government,
partnership, association, trust, joint
venture, corporation, group, subgroup,
or other organization, including an
international organization.
Information and communications
technology or services means any
hardware, software, or other product or
service primarily intended to fulfill or
enable the function of information or
data processing, storage, retrieval, or
communication by electronic means,
including transmission, storage, and
display.
Internet hosting service means a
service through which storage and
computing resources are provided to an
individual or organization for the
accommodation and maintenance of one
or more websites or internet services.
Services may include but are not limited
to file hosting, domain name server
hosting, cloud hosting, and virtual
private server hosting.
Internet transit service means a
service where a network operator
provides connectivity, transport and
routing for another network, enabling
them to reach broader portions of the
internet. A transit provider’s routers
also announce to other networks that
they can carry traffic to the network that
has purchased transit.
Mobile application means a software
application designed to run on a mobile
device such as a phone, tablet, or watch.
Mobile application store means any
online marketplace where users can
download, or update, and install
software applications to a mobile
device.
Peering means a relationship between
internet service providers (ISP) where
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16:01 Sep 23, 2020
Jkt 250001
the parties directly interconnect to
exchange internet traffic, most often on
a no-cost basis.
Person means an individual or entity.
Subsidiary means a company that is
owned or controlled by a parent or
holding company.
Transaction means any acquisition,
importation, transfer, installation,
dealing in, or use of any information
and communications technology or
service.
Identification of Prohibited
Transactions
Pursuant to the International
Emergency Economic Powers Act, 50
U.S.C. 1701, et seq., Executive Order
13873 (84 FR 22689, May 15, 2019), and
as set forth and provided for in
Executive Order 13942 (85 FR 48637,
August 6, 2020), the Secretary has
identified the following prohibited
transactions:
Any transaction by any person, or
with respect to any property, subject to
the jurisdiction of the United States,
with ByteDance Ltd. (a.k.a. Zı`jie´
Tia`odo`ng), Beijing, China, or its
subsidiaries, including TikTok Inc., in
which any such company has any
interest, involving:
1. Any provision of services,
occurring on or after 11:59 p.m. eastern
standard time on September 27, 2020, to
distribute or maintain the TikTok
mobile application, constituent code, or
application updates through an online
mobile application store, or any online
marketplace where mobile users within
the land or maritime borders of the
United States and its territories may
download or update applications for use
on their mobile devices;
2. Any provision of internet hosting
services, occurring on or after 11:59
p.m. eastern standard time on November
12, 2020, enabling the functioning or
optimization of the TikTok mobile
application within the land and
maritime borders of the United States
and its territories;
3. Any provision of content delivery
network services, occurring on or after
11:59 p.m. eastern standard time on
November 12, 2020, enabling the
functioning or optimization of the
TikTok mobile application within the
land and maritime borders of the United
States and its territories;
4. Any provision of directly
contracted or arranged internet transit or
peering services, occurring on or after
11:59 p.m. eastern standard time on
November 12, 2020, enabling the
functioning or optimization of the
TikTok mobile application within the
land and maritime borders of the United
States and its territories;
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5. Any utilization, occurring on or
after 11:59 p.m. eastern standard time
on November 12, 2020, of the TikTok
mobile application’s constituent code,
functions, or services in the functioning
of software or services developed and/
or accessible within the land and
maritime borders of the United States
and its territories; or
6. Any other transaction by any
person, or with respect to any property,
subject to the jurisdiction of the United
States, with ByteDance Ltd., or its
subsidiaries, including TikTok Inc., in
which any such company has any
interest, as may be identified at a future
date under the authority delegated
under Executive Order 13942.
The identified prohibitions herein
only apply to the parties to business-tobusiness transactions, and apply except
to the extent provided by statutes, or in
regulations, orders, directives, or
licenses that may be issued pursuant to
Executive Order 13942, and
notwithstanding any contract entered
into or any license or permit granted
before the date of Executive Order
13942.
These identified prohibitions do not
apply to:
(1) Payment of wages, salaries, and
benefit packages to employees or
contractors;
(2) The exchange between or among
TikTok mobile application users of
personal or business information using
the TikTok mobile application;
(3) Activities related to mobile
applications intended for distribution,
installation or use outside of the United
States by any person, including but not
limited to any person subject to U.S.
jurisdiction, and all ancillary activities,
including activities performed by any
U.S. person, which are ordinarily
incident to, and necessary for, the
distribution, installation, and use of
mobile applications outside of the
United States; or
(4) The storing of TikTok mobile
application user data in the United
States.
Nothing in this Identification of
Prohibited Transactions shall prohibit
any transaction necessary to effectuate
the divestment required by Order of
August 14, 2020 (85 FR 51297)
(Regarding the Acquisition of Musical.ly
by ByteDance Ltd.). Any other
transaction with ByteDance Ltd. or its
subsidiaries is permitted under
Executive Order 13942, as implemented
by the Secretary, unless identified as
prohibited or otherwise contrary to law.
Authority
International Emergency Economic
Powers Act, 50 U.S.C. 1701, et seq.;
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Federal Register / Vol. 85, No. 186 / Thursday, September 24, 2020 / Rules and Regulations
National Emergencies Act, 50 U.S.C.
1601 et seq.; Executive Order 13942,
Addressing the Threat Posed by TikTok,
August 6, 2020; Executive Order 13873,
Securing the Information and
Communications Technology and
Services Supply Chain, May 15, 2019.
Dated: September 21, 2020
This document of the Department of
Commerce was signed on September 21,
by Wilbur Ross, Secretary of Commerce.
That document with the original
signature and date is maintained by the
Department of Commerce. For
administrative purposes only, and in
compliance with requirements of the
Office of the Federal Register, the
undersigned Department of Commerce
Federal Register Liaison Officer has
been authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Commerce. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on September
22, 2020.
Asha Mathew,
Federal Register Liaison Officer, U.S.
Department of Commerce.
[FR Doc. 2020–21193 Filed 9–22–20; 1:30 pm]
BILLING CODE 3510–20–P
TENNESSEE VALLEY AUTHORITY
18 CFR Part 1301
RIN 3316–AA23
Promoting the Rule of Law Through
Improved Agency Guidance
Documents
Tennessee Valley Authority.
Direct final rule.
AGENCY:
ACTION:
The Tennessee Valley
Authority (TVA) issues this final rule to
implement procedures for the issuance
of TVA guidance documents in
accordance with Executive Order 13891.
This final rule would, among other
things, establish internal agency
requirements for guidance documents,
as well as public engagement
procedures surrounding guidance
documents.
SUMMARY:
This final rule is effective
October 26, 2020. The comment period
will conclude on October 26, 2020.
Subject to review of the public
comments received, TVA may delay the
final effective date and, if so, will
publish a document in the Federal
Register to that effect.
DATES:
VerDate Sep<11>2014
16:01 Sep 23, 2020
Jkt 250001
FOR FURTHER INFORMATION CONTACT:
Robin M. Daugherty, 423–751–3207,
Email: rmdaugherty@tva.gov, Mail
address: Tennessee Valley Authority,
400 West Summit Hill Drive, WT 6
Knoxville, TN 37902.
SUPPLEMENTARY INFORMATION: TVA
issues this final rule to incorporate into
the Code of Federal Regulations a new
18 CFR 130.70 Subpart F, which would
implement the requirements of
Executive Order 13891, ‘‘Promoting the
Rule of Law Through Improved Agency
Guidance Documents.’’ 84 FR 55235
(October 9, 2019) (E.O. 13891). E.O.
13891 requires agencies to provide more
transparency around the issuance and
use of guidance documents, including
by promulgating procedures to increase
public involvement in the TVA
guidance document process. As noted in
E.O. 13891, the Administrative
Procedure Act (APA) generally requires
agencies to provide public notice of
proposed regulations, allow interested
parties an opportunity to comment,
consider and respond to significant
comments, and publish final regulations
in the Federal Register (See 5 U.S.C.
553). Such regulations, also known as
legislative rules, have the force and
effect of law and are legally binding
upon the public. In addition to
legislative rules, agencies may clarify
existing obligations of regulated entities
through nonbinding guidance
documents, which the APA exempts
from notice-and-comment requirements.
(5 U.S.C. 553(b)(A)). E.O. 13891 defines
‘‘guidance document’’ as ‘‘an agency
statement of general applicability,
intended to have future effect on the
behavior of regulated parties, that sets
forth a policy on a statutory, regulatory,
or technical issue, or an interpretation
of a statute or regulation,’’ with a few
noted exceptions listed in E.O. 13891,
the APA and associated regulation.
Guidance documents do not have the
force and effect of law, and are intended
only to provide clarity to the public of
existing statutory and regulatory
obligations. However, as noted in E.O.
13891, some agency guidance
documents may impose obligations
beyond those required by statute or
regulation, or carry a threat of
enforcement if the guidance is not
followed by regulated parties.
Additionally, the public may not have
sufficient notice of guidance documents,
which are not always published in the
Federal Register or distributed to all
regulated parties. See 84 FR 55235.
Accordingly, E.O. 13891 requires
agencies to provide more transparency
for their guidance documents by
creating a searchable online database for
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60063
current guidance documents, by
requiring agencies to establish
procedures to allow the public to
comment on significant guidance
documents, and authorizing the public
to petition the agency to withdraw or
modify guidance documents. Moreover,
E.O. 13891 requires agencies to clearly
state in their guidance documents that
such guidance Does not have the force
and effect of law and is not legally
binding, except as authorized by law or
as incorporated into a contract. This
final rule would implement the
requirements of E.O. 13891. This final
rule would apply to all TVA guidance
documents, which TVA proposes to
define in the same manner as that term
is defined in E.O. 13891, the APA and
associated regulations, and OMB memo
M–20–02 Memorandum for Regulatory
Policy Officers at Executive
Departments and Agencies and
Managing and Executive Directors of
Certain Agencies and Commissions,
Dominic J. Mancini, OIRA Acting
Director (Oct. 31, 2019). The final rule
would also adopt the same definition of
‘‘significant guidance document’’ as that
term is defined in E.O. 13891 Section 2.
In accordance with E.O. 13891, TVA
will require that all TVA guidance
documents clearly state that they do not
have the force and effect of law and are
not legally binding on the public, and
that they are only intended to provide
clarity to the public regarding existing
statutory and regulatory requirements.
Moreover, TVA guidance documents
will be required to be written clearly,
and to refrain from using mandatory
language, such as the terms ‘‘shall’’ or
‘‘must.’’ If a guidance document
purports to describe, approve, or
recommend specific conduct that is
beyond what is required by existing
statute, legislative or judicial rule,
TVA’s final regulation would require
that TVA’s guidance document will not
be used as an independent basis for
enforcement. TVA also proposes in this
new rule to require that all TVA
guidance documents be reviewed and
cleared by the Office of the General
Counsel before public availability.
Additionally, the final rule would
require that significant guidance
documents be approved by the TVA
Board of Directors or by delegation to a
TVA Executive. This will ensure that
the requirements and intent of E.O.
13891 are met, and that guidance
documents are issued in accordance
with relevant laws and regulations.
The final rule also provides
procedures for the public to petition the
agency to modify or withdraw guidance
documents. With this final rule, TVA
E:\FR\FM\24SER1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 186 (Thursday, September 24, 2020)]
[Rules and Regulations]
[Pages 60061-60063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21193]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
15 CFR Chapter VII
[Docket Number 200917-0247]
RIN 0605-XD009
Identification of Prohibited Transactions To Implement Executive
Order 13942 and Address the Threat Posed by TikTok and the National
Emergency With Respect to the Information and Communications Technology
and Services Supply Chain
AGENCY: Office of the Secretary, U.S. Department of Commerce.
ACTION: Identification of prohibited transactions.
-----------------------------------------------------------------------
SUMMARY: Pursuant to Executive Order 13942, the Secretary of Commerce
is publishing the list of prohibited transactions by any person, or
with respect to any property, subject to the jurisdiction of the United
States, with ByteDance Ltd. (a.k.a. Z[igrave]ji[eacute]
Ti[agrave]od[ograve]ng), Beijing, China, or its subsidiaries, including
TikTok Inc., in which any such company has any interest, to address the
national emergency with respect to the information and communications
technology and services supply chain declared in Executive Order 13873,
May 15, 2019 (Securing the Information and Communications Technology
and Services Supply Chain), and particularly to address the threat
identified in Executive Order 13942 posed by mobile application TikTok.
DATES: Transactions identified in paragraph 1 below will be prohibited
at 11:59 p.m. eastern standard time on September 27, 2020; transactions
identified in paragraphs 2, 3, 4, and 5 below will be prohibited at
11:59 p.m. eastern standard time on November 12, 2020.
FOR FURTHER INFORMATION CONTACT:
Kathy Smith, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1859.
For media inquiries: Meghan Burris, Director, Office of Public
Affairs, U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-4883.
SUPPLEMENTARY INFORMATION: In Executive Order 13873 of May 15, 2019
(Securing the Information and Communications Technology and Services
Supply Chain), the President found that foreign adversaries are
increasingly creating and exploiting vulnerabilities in information and
communications technology and services (ICTS), which store and
communicate vast amounts of sensitive information, facilitate the
digital economy, and support critical infrastructure and vital
emergency services, in order to commit malicious cyber-enabled actions,
including economic and industrial espionage against the United States
and its people. The President further found that the unrestricted
acquisition or use in the United States of ICTS designed, developed,
manufactured, or supplied by persons owned by, controlled by, or
subject to the jurisdiction or direction of foreign adversaries
augments the ability of foreign adversaries to create and exploit
vulnerabilities in ICTS, with potentially catastrophic effects, and
thereby constitutes an unusual and extraordinary threat to the national
security, foreign policy, and economy of the United States, and
declared a national emergency with respect to this threat. The
President directed that additional steps are required to protect the
security, integrity, and reliability of ICTS provided and used in the
United States.
On August 6, 2020, in Executive Order 13942 (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), the President further found that the spread
in the United States of mobile applications developed and owned by
companies in the People's Republic of China (China) continues to
threaten the national security, foreign policy, and economy of the
United States. The President directed that action must be taken to
address the threat posed by the mobile application TikTok.
[[Page 60062]]
Pursuant to Executive Order 13942, any transaction by any person,
or with respect to any property, subject to the jurisdiction of the
United States, with ByteDance Ltd. (a.k.a. Z[igrave]ji[eacute]
Ti[agrave]od[ograve]ng), Beijing, China, or its subsidiaries, including
TikTok Inc., in which any such company has any interest, as identified
by the Secretary of Commerce (Secretary) within 45 days from the date
of Executive Order 13942, shall be prohibited to the extent permitted
under applicable law. This Identification of Prohibited Transactions
implements that directive by the President.
Identifying Prohibited Transactions
Definitions
Content delivery service means a service that copies, saves, and
delivers content, for a fee, from geographically dispersed servers to
end-users for the purposes of enabling faster delivery of content.
Entity means a government or instrumentality of such government,
partnership, association, trust, joint venture, corporation, group,
subgroup, or other organization, including an international
organization.
Information and communications technology or services means any
hardware, software, or other product or service primarily intended to
fulfill or enable the function of information or data processing,
storage, retrieval, or communication by electronic means, including
transmission, storage, and display.
Internet hosting service means a service through which storage and
computing resources are provided to an individual or organization for
the accommodation and maintenance of one or more websites or internet
services. Services may include but are not limited to file hosting,
domain name server hosting, cloud hosting, and virtual private server
hosting.
Internet transit service means a service where a network operator
provides connectivity, transport and routing for another network,
enabling them to reach broader portions of the internet. A transit
provider's routers also announce to other networks that they can carry
traffic to the network that has purchased transit.
Mobile application means a software application designed to run on
a mobile device such as a phone, tablet, or watch.
Mobile application store means any online marketplace where users
can download, or update, and install software applications to a mobile
device.
Peering means a relationship between internet service providers
(ISP) where the parties directly interconnect to exchange internet
traffic, most often on a no-cost basis.
Person means an individual or entity.
Subsidiary means a company that is owned or controlled by a parent
or holding company.
Transaction means any acquisition, importation, transfer,
installation, dealing in, or use of any information and communications
technology or service.
Identification of Prohibited Transactions
Pursuant to the International Emergency Economic Powers Act, 50
U.S.C. 1701, et seq., Executive Order 13873 (84 FR 22689, May 15,
2019), and as set forth and provided for in Executive Order 13942 (85
FR 48637, August 6, 2020), the Secretary has identified the following
prohibited transactions:
Any transaction by any person, or with respect to any property,
subject to the jurisdiction of the United States, with ByteDance Ltd.
(a.k.a. Z[igrave]ji[eacute] Ti[agrave]od[ograve]ng), Beijing, China, or
its subsidiaries, including TikTok Inc., in which any such company has
any interest, involving:
1. Any provision of services, occurring on or after 11:59 p.m.
eastern standard time on September 27, 2020, to distribute or maintain
the TikTok mobile application, constituent code, or application updates
through an online mobile application store, or any online marketplace
where mobile users within the land or maritime borders of the United
States and its territories may download or update applications for use
on their mobile devices;
2. Any provision of internet hosting services, occurring on or
after 11:59 p.m. eastern standard time on November 12, 2020, enabling
the functioning or optimization of the TikTok mobile application within
the land and maritime borders of the United States and its territories;
3. Any provision of content delivery network services, occurring on
or after 11:59 p.m. eastern standard time on November 12, 2020,
enabling the functioning or optimization of the TikTok mobile
application within the land and maritime borders of the United States
and its territories;
4. Any provision of directly contracted or arranged internet
transit or peering services, occurring on or after 11:59 p.m. eastern
standard time on November 12, 2020, enabling the functioning or
optimization of the TikTok mobile application within the land and
maritime borders of the United States and its territories;
5. Any utilization, occurring on or after 11:59 p.m. eastern
standard time on November 12, 2020, of the TikTok mobile application's
constituent code, functions, or services in the functioning of software
or services developed and/or accessible within the land and maritime
borders of the United States and its territories; or
6. Any other transaction by any person, or with respect to any
property, subject to the jurisdiction of the United States, with
ByteDance Ltd., or its subsidiaries, including TikTok Inc., in which
any such company has any interest, as may be identified at a future
date under the authority delegated under Executive Order 13942.
The identified prohibitions herein only apply to the parties to
business-to-business transactions, and apply except to the extent
provided by statutes, or in regulations, orders, directives, or
licenses that may be issued pursuant to Executive Order 13942, and
notwithstanding any contract entered into or any license or permit
granted before the date of Executive Order 13942.
These identified prohibitions do not apply to:
(1) Payment of wages, salaries, and benefit packages to employees
or contractors;
(2) The exchange between or among TikTok mobile application users
of personal or business information using the TikTok mobile
application;
(3) Activities related to mobile applications intended for
distribution, installation or use outside of the United States by any
person, including but not limited to any person subject to U.S.
jurisdiction, and all ancillary activities, including activities
performed by any U.S. person, which are ordinarily incident to, and
necessary for, the distribution, installation, and use of mobile
applications outside of the United States; or
(4) The storing of TikTok mobile application user data in the
United States.
Nothing in this Identification of Prohibited Transactions shall
prohibit any transaction necessary to effectuate the divestment
required by Order of August 14, 2020 (85 FR 51297) (Regarding the
Acquisition of Musical.ly by ByteDance Ltd.). Any other transaction
with ByteDance Ltd. or its subsidiaries is permitted under Executive
Order 13942, as implemented by the Secretary, unless identified as
prohibited or otherwise contrary to law.
Authority
International Emergency Economic Powers Act, 50 U.S.C. 1701, et
seq.;
[[Page 60063]]
National Emergencies Act, 50 U.S.C. 1601 et seq.; Executive Order
13942, Addressing the Threat Posed by TikTok, August 6, 2020; Executive
Order 13873, Securing the Information and Communications Technology and
Services Supply Chain, May 15, 2019.
Dated: September 21, 2020
This document of the Department of Commerce was signed on September
21, by Wilbur Ross, Secretary of Commerce. That document with the
original signature and date is maintained by the Department of
Commerce. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned
Department of Commerce Federal Register Liaison Officer has been
authorized to sign and submit the document in electronic format for
publication, as an official document of the Department of Commerce.
This administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on September 22, 2020.
Asha Mathew,
Federal Register Liaison Officer, U.S. Department of Commerce.
[FR Doc. 2020-21193 Filed 9-22-20; 1:30 pm]
BILLING CODE 3510-20-P
