(1) As used in this subchapter:(1) “Affiliate organization” means an entity under the control of or established for the benefit of an organization required to report under this subchapter, including without limitation a direct-support organization;(2) “Agreement” means a written or spoken statement of mutual interest in a cultural exchange agreement or an academic or a research collaboration with a foreign adversary or an affiliate organization of a foreign adversary;(3) “Contract” means an agreement for the acquisition by purchase, lease, or barter of property or services for the direct benefit or use of either of the parties;(4) “Cultural exchange agreement” means an agreement between a foreign adversary and an institution of higher education that aims to promote cultural and intellectual relations;(5) “Direct-support organization” means an organization that is organized and operated to receive, hold, invest, and administer property and to make expenditures to or for the benefit of a:(A) State-supported institution of higher education; or(B) Research and development park or research and development authority affiliated with a state-supported institution of higher education;(6) “Endeavor” means to attempt or to try;(7) “Foreign adversary” means:(A) The People's Republic of China;(B) The Russian Federation;(C) The Islamic Republic of Iran;(D) The Democratic People's Republic of Korea;(E) The Republic of Cuba;(F) The Bolivarian Republic of Venezuela;(G) The Syrian Arab Republic;(H) A foreign terrorist organization designated by the United States Secretary of State in accordance with § 219 of the Immigration and Nationality Act, 8 U.S.C. § 1189, including without limitation an agent of or other entity under significant control of the foreign adversary; or(I) An entity designated by the United States Government;(8) “Foreign agent” means an officer, employee, proxy, servant, delegate, or representative of a foreign government;(9) (A) “Foreign government” means the government of a country, nation, or group of nations or a province or other political subdivision of a country or nation other than the United States.(B) “Foreign government” includes without limitation an agent of the government of a country, nation, or group of nations or a province or other political subdivision of a country or nation other than the United States;(10) “Foreign instrumentality” means an agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government;(11) (A) “Gift” means:(i) A gift;(ii) An endowment;(iii) An award;(iv) A donation of money or property of any kind; or(v) Any combination of subdivisions (11)(A)(i)-(iv) of this section.(B) “Gift” includes without limitation a conditional or unconditional pledge of the gift, endowment, award, or donation.(C) For purposes of subdivision (11)(B) of this section, “pledge” means a promise, an agreement, or an expressed intention to give a gift;(12) “Institution of higher education” means:(A) A state-supported institution of higher education or an independent nonprofit college or university that is located in and chartered by the state and grants baccalaureate or higher degrees;(B) Any other institution of higher education that has a physical presence in the state and is required to report foreign gifts or contracts pursuant to 20 U.S.C. § 1011f; or(C) An affiliate organization of an institution of higher education;(13) “Obtain or use” means any manner of:(A) Taking or exercising control over property;(B) Making any unauthorized use, disposition, or transfer of property;(C) Obtaining property by fraud, willful misrepresentation of a future act, or false promise; or(D) Conduct previously known as:(i) Stealing;(ii) Larceny;(iii) Purloining;(iv) Abstracting;(v) Embezzlement;(vi) Misapplication;(vii) Misappropriation;(viii) Conversion;(ix) Obtaining money or property by false pretenses, fraud, or deception; or(x) Other conduct similar in nature;(14) “Partnership” means a:(A) Faculty or student exchange program;(B) Study abroad program;(C) Matriculation program;(D) Recruiting program; or(E) Dual degree program;(15) “Person” means:(A) Any natural person;(B) A corporation;(C) A business trust;(D) An estate;(E) A trust;(F) A partnership;(G) An association;(H) A joint venture;(I) A government;(J) A governmental subdivision or agency; or(K) Any other legal or commercial entity;(16) “Research” means a scientific investigation or development that involves technologies, designs, or technical data considered sensitive enough to potentially impact national security, and therefore requires strict controls on the export or transfer to foreign entities, as outlined by the International Traffic in Arms Regulations and the Export Administration Regulations of the United States Government; and(17) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:(A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(1) “Affiliate organization” means an entity under the control of or established for the benefit of an organization required to report under this subchapter, including without limitation a direct-support organization;
(2) “Agreement” means a written or spoken statement of mutual interest in a cultural exchange agreement or an academic or a research collaboration with a foreign adversary or an affiliate organization of a foreign adversary;
(3) “Contract” means an agreement for the acquisition by purchase, lease, or barter of property or services for the direct benefit or use of either of the parties;
(4) “Cultural exchange agreement” means an agreement between a foreign adversary and an institution of higher education that aims to promote cultural and intellectual relations;
(5) “Direct-support organization” means an organization that is organized and operated to receive, hold, invest, and administer property and to make expenditures to or for the benefit of a:(A) State-supported institution of higher education; or(B) Research and development park or research and development authority affiliated with a state-supported institution of higher education;
(A) State-supported institution of higher education; or
(B) Research and development park or research and development authority affiliated with a state-supported institution of higher education;
(6) “Endeavor” means to attempt or to try;
(7) “Foreign adversary” means:(A) The People's Republic of China;(B) The Russian Federation;(C) The Islamic Republic of Iran;(D) The Democratic People's Republic of Korea;(E) The Republic of Cuba;(F) The Bolivarian Republic of Venezuela;(G) The Syrian Arab Republic;(H) A foreign terrorist organization designated by the United States Secretary of State in accordance with § 219 of the Immigration and Nationality Act, 8 U.S.C. § 1189, including without limitation an agent of or other entity under significant control of the foreign adversary; or(I) An entity designated by the United States Government;
(A) The People's Republic of China;
(B) The Russian Federation;
(C) The Islamic Republic of Iran;
(D) The Democratic People's Republic of Korea;
(E) The Republic of Cuba;
(F) The Bolivarian Republic of Venezuela;
(G) The Syrian Arab Republic;
(H) A foreign terrorist organization designated by the United States Secretary of State in accordance with § 219 of the Immigration and Nationality Act, 8 U.S.C. § 1189, including without limitation an agent of or other entity under significant control of the foreign adversary; or
(I) An entity designated by the United States Government;
(8) “Foreign agent” means an officer, employee, proxy, servant, delegate, or representative of a foreign government;
(9) (A) “Foreign government” means the government of a country, nation, or group of nations or a province or other political subdivision of a country or nation other than the United States.(B) “Foreign government” includes without limitation an agent of the government of a country, nation, or group of nations or a province or other political subdivision of a country or nation other than the United States;
(A) “Foreign government” means the government of a country, nation, or group of nations or a province or other political subdivision of a country or nation other than the United States.
(B) “Foreign government” includes without limitation an agent of the government of a country, nation, or group of nations or a province or other political subdivision of a country or nation other than the United States;
(10) “Foreign instrumentality” means an agency, bureau, ministry, component, institution, association, or any legal, commercial, or business organization, corporation, firm, or entity that is substantially owned, controlled, sponsored, commanded, managed, or dominated by a foreign government;
(11) (A) “Gift” means:(i) A gift;(ii) An endowment;(iii) An award;(iv) A donation of money or property of any kind; or(v) Any combination of subdivisions (11)(A)(i)-(iv) of this section.(B) “Gift” includes without limitation a conditional or unconditional pledge of the gift, endowment, award, or donation.(C) For purposes of subdivision (11)(B) of this section, “pledge” means a promise, an agreement, or an expressed intention to give a gift;
(A) “Gift” means:(i) A gift;(ii) An endowment;(iii) An award;(iv) A donation of money or property of any kind; or(v) Any combination of subdivisions (11)(A)(i)-(iv) of this section.
(i) A gift;
(ii) An endowment;
(iii) An award;
(iv) A donation of money or property of any kind; or
(v) Any combination of subdivisions (11)(A)(i)-(iv) of this section.
(B) “Gift” includes without limitation a conditional or unconditional pledge of the gift, endowment, award, or donation.
(C) For purposes of subdivision (11)(B) of this section, “pledge” means a promise, an agreement, or an expressed intention to give a gift;
(12) “Institution of higher education” means:(A) A state-supported institution of higher education or an independent nonprofit college or university that is located in and chartered by the state and grants baccalaureate or higher degrees;(B) Any other institution of higher education that has a physical presence in the state and is required to report foreign gifts or contracts pursuant to 20 U.S.C. § 1011f; or(C) An affiliate organization of an institution of higher education;
(A) A state-supported institution of higher education or an independent nonprofit college or university that is located in and chartered by the state and grants baccalaureate or higher degrees;
(B) Any other institution of higher education that has a physical presence in the state and is required to report foreign gifts or contracts pursuant to 20 U.S.C. § 1011f; or
(C) An affiliate organization of an institution of higher education;
(13) “Obtain or use” means any manner of:(A) Taking or exercising control over property;(B) Making any unauthorized use, disposition, or transfer of property;(C) Obtaining property by fraud, willful misrepresentation of a future act, or false promise; or(D) Conduct previously known as:(i) Stealing;(ii) Larceny;(iii) Purloining;(iv) Abstracting;(v) Embezzlement;(vi) Misapplication;(vii) Misappropriation;(viii) Conversion;(ix) Obtaining money or property by false pretenses, fraud, or deception; or(x) Other conduct similar in nature;
(A) Taking or exercising control over property;
(B) Making any unauthorized use, disposition, or transfer of property;
(C) Obtaining property by fraud, willful misrepresentation of a future act, or false promise; or
(D) Conduct previously known as:(i) Stealing;(ii) Larceny;(iii) Purloining;(iv) Abstracting;(v) Embezzlement;(vi) Misapplication;(vii) Misappropriation;(viii) Conversion;(ix) Obtaining money or property by false pretenses, fraud, or deception; or(x) Other conduct similar in nature;
(i) Stealing;
(ii) Larceny;
(iii) Purloining;
(iv) Abstracting;
(v) Embezzlement;
(vi) Misapplication;
(vii) Misappropriation;
(viii) Conversion;
(ix) Obtaining money or property by false pretenses, fraud, or deception; or
(x) Other conduct similar in nature;
(14) “Partnership” means a:(A) Faculty or student exchange program;(B) Study abroad program;(C) Matriculation program;(D) Recruiting program; or(E) Dual degree program;
(A) Faculty or student exchange program;
(B) Study abroad program;
(C) Matriculation program;
(D) Recruiting program; or
(E) Dual degree program;
(15) “Person” means:(A) Any natural person;(B) A corporation;(C) A business trust;(D) An estate;(E) A trust;(F) A partnership;(G) An association;(H) A joint venture;(I) A government;(J) A governmental subdivision or agency; or(K) Any other legal or commercial entity;
(A) Any natural person;
(B) A corporation;
(C) A business trust;
(D) An estate;
(E) A trust;
(F) A partnership;
(G) An association;
(H) A joint venture;
(I) A government;
(J) A governmental subdivision or agency; or
(K) Any other legal or commercial entity;
(16) “Research” means a scientific investigation or development that involves technologies, designs, or technical data considered sensitive enough to potentially impact national security, and therefore requires strict controls on the export or transfer to foreign entities, as outlined by the International Traffic in Arms Regulations and the Export Administration Regulations of the United States Government; and
(17) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:(A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
(A) Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and
(B) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.