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Keep dancing: US judge extends TikTok deadline amid Trump battle China news

 


ByteDance Ltd., the Chinese owner of TikTok Inc., has a new December deadline to submit documents as part of its lawsuit to block a US government forced sale of the video-sharing app.

The U.S. Court of Appeals in Washington on Thursday set December 14 and 28 for ByteDance and the Trump administration to file motions and other documents in the case.

ByteDance faced a deadline on Thursday to comply with an order from President Donald Trump to sell TikToks’ U.S. operations. While the company had received tacit approval from the Trump administration about two months ago on an agreement to sell part of TikTok to Oracle Corp. and Walmart Inc., the deal was never finalized. He was stuck in limbo for weeks and was quickly eclipsed by the US election. The delay prompted TikTok to go to the appeals court on Tuesday to prevent a forced sale.

The order that prevails over a sale before November 12 allows a 30-day extension of the deadline, but the new dates exceed this period. The Commerce Department said Thursday it would not enforce its order to shutdown TikTok if a sale was not completed on time, citing a decision from a federal court in Pennsylvania last month, according to Wall Street. Newspaper. Lawyers for TikTok and officials from the Treasury Department, which oversees the sale, and the Commerce Department did not immediately respond to the request for comment.

Trump has made the fight for TikTok a central front in a broader trade war with China, particularly an effort to quell the growing influence of the Chinese tech industry in the United States Trump first ordered a TikTok sale in August and threatened to ban the app if ByteDance couldn’t reach a deal with an American company. This proposed ban has since been postponed twice more recently on October 30, when a Pennsylvania judge issued a temporary injunction in response to a complaint filed by a group of TikTok users who make a living through the app.

TikTok is one of the most popular apps in the world with over 100 million US users and is also ByteDances’ largest service outside of China. The company and its investors are desperate to strike a deal to avoid a ban on what has been a valuable market for other social media apps, like Facebook Inc.’s Instagram and Snap’s Snapchat Inc.

The way the original order was worded seems to require a divestment from ByteDance to be put in place before the deadline, not just a deal. If the government comes to an agreement with the company, it could exercise its discretion over the timeline for implementation, said Aimen Mir, partner at Freshfields Bruckhaus Deringer and former deputy assistant secretary for investment security at the Trésor, where he conducted reviews for the Foreign Affairs Committee. Investment in the United States

Usually when Cfius’ silence is prolonged it suggests that there is no clear consensus within the government on what the next step would be, but it has been an atypical case for some time, Mir said. .

If an extension hasn’t already been granted, Mir said the Justice Department should go to court and seek enforcement of the divestiture order.

The August Trumps presidential decree does not provide a clear sanction for non-divestment, but indicates that the attorney general is authorized to take whatever steps are necessary to enforce this order.

There could be fines, or it could be as drastic as a ban if the administration wanted to go that far, said Carl Tobias, a professor of law at the University of Richmond. But the government still has until midnight on November 12 to issue an extension, which is a plausible scenario.

This sales process was originally provoked for reasons of national security. The US government is concerned about ByteDances’ access to the personal data of US citizens.

Cifius, the Treasury Department panel that reviews foreign acquisitions of U.S. companies, said in a July 30 letter included in the ByteDances court filing that its security concerns were based on both classified and unclassified information. The letter cited the decision of a Chinese affiliate of ByteDance in 2017 to create a Communist Party committee in its governance structure, and pointed out that ByteDance also works with public security bureaus across China.

The Treasury Department remains focused on addressing national security risks arising from the acquisition of ByteDances from Music.ly, a Treasury spokesperson said in a statement, referring to the 2017 purchase of a application that ByteDance merged with TikTok. We have been clear with ByteDance regarding the steps required to achieve this resolution. The Justice Department declined to comment.

Trump’s order demanding the sale of TikTok underscored his administration’s aggressive stance on Chinese investment in the U.S. Only seven foreign acquisitions of U.S. companies have been blocked or canceled by U.S. presidents since 1990, and Trump is responsible for four.

Now, the TikTok deal, once a priority for the administration, has taken on less urgency in recent weeks as Trump focused on his bid for re-election and, since last week, contesting the outcome of the November 3 vote. .

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