So what’s occurring with the TikTok sell-off within the U.S., which, by regulation, has to occur, or TikTok has to exit the U.S. market?
Effectively, in response to President Trump’s newest extension of the TikTok sell-off invoice, which Trump enacted by government order on September sixteenth, TikTok has until December sixteenth, or tomorrow, to have an association able to go along with an American companion that can separate TikTok from Chinese language management.
Which isn’t going to occur, as a result of regardless of the Trump Administration reporting {that a} U.S. TikTok deal was “imminent” again in September, no deal has materialized, with U.S. negotiators reportedly making no progress in a deal, regardless that they thought that they have been near a closing settlement.
Chinese language officers have apparently not even mentioned the main points of such, so once more, regardless of the White Home holding a press convention to announce that they’d “saved” TikTok within the U.S., nothing appears to have been confirmed from the Chinese language facet.
So TikTok is completed, proper? TikTok will go darkish within the U.S. on Tuesday at midnight, based mostly on the element included within the official government order, issued on September sixteenth. Proper?
Effectively, apparently not. As TikTok has knowledgeable me, there was really a second government order issued on the twenty fifth of September which provides TikTok until January twenty third to work out a deal.
As per the second EO (signed by President Trump):
“A plan has been offered to me to endure a certified divestiture of TikTok’s United States operations, as outlined in a framework settlement. Underneath this Framework Settlement, TikTok’s United States software might be operated by a newly established three way partnership based mostly in the US. It is going to be majority-owned and managed by United States individuals and can not be managed by any international adversary, since ByteDance Ltd. and its associates will personal lower than 20 p.c of the entity, with the rest being held by sure traders.”
That is the plan that Trump and his crew signed off on again in September, which particulars an agreed framework for the TikTok U.S. sell-off.
However evidently “agreed” on this context is simply what the Trump crew has agreed to place ahead to Chinese language officers, not what the CCP has given approval for.
Besides, based mostly on this proposal, which once more, has not been confirmed, nor agreed to by Chinese language representatives, the second EO states that:
“To allow the contemplated divestiture to be accomplished, the Legal professional Normal shall not take any motion on behalf of the US to implement the Act for 120 days from the date of this order. Throughout this era, the Division of Justice shall take no motion to implement the Act.”
120 days from September twenty fifth, the date this second order was issued, could be January twenty third, 2026. Which, by that point, would imply that TikTok’s keep of execution can have been prolonged by greater than a yr by way of Trump’s government orders, with the Senate-approved regulation nonetheless ready to be enacted by the assorted authorities.
So, apparently, TikTok received’t “go darkish” this week, however then once more, based mostly on the wording of the second EO, it in all probability ought to.
As famous, the second order issued by Trump right here pertains to an agreed divestiture, based mostly on the framework put ahead by the U.S. However that framework hasn’t been agreed to, so technically, this shouldn’t be in impact, proper?
I don’t assume to know the complete extent of the authorized specs right here, however it looks like this second order was issued on the expectation that an settlement could be established, however because it hasn’t been, evidently it’s possible not relevant, a minimum of regarding the particular wording of the doc.
Which might imply that TikTok’s time could be up this Tuesday, however once more, that seemingly just isn’t the case, as there have been no bulletins or discussions of such over the previous week.
So, in abstract, I don’t know when, if ever, TikTok might be banned within the U.S., or if it’ll, and seemingly, no person else does both. However based mostly on the second EO outlined above, evidently the app can have just a few extra weeks earlier than one thing must occur right here.
