United States of America: Opened consultation on Interim Final Rule regarding the Federal Acquisition Regulation: Prohibition on a ByteDance Covered Application

On 2 June 2023, the Department of Defense, General Services Administration and National Aeronautics and Space Administration adopted an Interim Final Rule (IFR) that prohibits the use of TikTok, a ByteDance-developed Application, in government contracting and opened a public consultation until 1 August 2023. The IFR implements the requirements outlined in the No TikTok on Government Devices Act and Office of Management and Budget implementing guidance. The IFR prohibits contractors from using TikTok on any government-owned or managed information technology or contractor-provided IT under a contract. The Rule applies to subcontractors and various types of government contracts, but personal cell phones not used for contract performance are exempted. The contractors must comply with the Rule starting 2 June 2023 and establish compliance measures for TikTok and other ByteDance applications. The IFR does not include reporting, record-keeping, and supply chain review requirements. Following the public consultation, the Departments will adopt the final Rule.