TikTok has decided to turn to one of the United States Courts of Appeals. ByteDance would like the actions taken against it by the United States Foreign Investment Committee (CFIUS) under the Trump administration, this is because it would not have received any feedback from the committee regarding the divestment of its US assets within the deadline set for the sale.
Il CFIUS I had ordered the Chinese company to sell "any tangible or intangible asset or property, wherever it is, used to enable or support the operation of ByteDance's TikTok application in the United States".
ByteDance had requested an extension of the deadline of 30 days as required by the CFIUS order, however he would never receive any communication about the topic. Furthermore, it is not clear what the consequences are if the expiry date is reached without an agreement, that is 12st November.
"For a year, TikTok has actively engaged with the CFIUS in good faith to address its national security concerns, although we disagree with its assessment," TikTok told The Verge. "In the nearly two months since the President gave his preliminary approval to our proposal to address these concerns, we have offered detailed solutions to finalize the agreement but have not received any substantive feedback on our broad data security and confidentiality framework. ".
ByteDance had agreed to sell part of its US operations in a complicated deal that includes Oracle and Walmart approved by President Trump in September, however the deal was never approved by the Chinese government and has remained in limbo ever since.
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“Faced with the continuous new requests and the lack of clarity on the acceptance of our proposed solutions, we have asked for an extension of 30 days which is expressly allowed in the order of 14 August“, continues the statement. “Today, with the November 12 CFIUS deadline imminent and with no extension in hand, we have no choice but to file a claim in court to defend our rights and those of our more than 1500 employees in the United States. We remain committed to working with the Administration - as we have always done - to resolve the issues it has raised, but our legal challenge today is a safeguard to ensure that these discussions can take place. "
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