Foreign Adversary Apps

The National Security Division, through FIRS, is responsible for the Department’s enforcement of the Protecting Americans from Foreign Adversary Controlled Applications Act of 2024 (PAFACA). PAFACA authorizes the President to designate, as controlled by a foreign adversary, any website, desktop or mobile application, or augmented or immersive technology application that meets certain criteria. PAFACA generally makes it unlawful for U.S. companies to provide services to distribute, maintain, or update any foreign-adversary-controlled application, unless the application executes a qualified divestiture that the President determines (1) eliminates the foreign-adversary control and (2) “precludes the establishment or maintenance of any operational relationship” between the application’s U.S. operations and foreign-adversary-affiliated entities.