; and (ii) information at whatever stage of its creation, such as foundational information and know-how, as further defined by regulations; and (B) does not include published information, including prerecorded records, printed books, pamphlets, miscellaneous publications, or other information, that— (i) arises during, or results from, fundamental research and is intended to be published; (ii) is released by instruction in a catalog course or associated teaching laboratory of an academic institution; (iii) appears in patents or open (published) patent publications available from or at any patent office, unless covered by an invention secrecy order; (iv) is non-proprietary system descriptions; (v) is telemetry data; or (vi) is any other category or type of information, as determined by the President for purposes of national security or foreign policy concerns. (10) Transfer The term transfer , with respect to an item subject to controls under title I, means a change in the end-use or end user of the item within the same foreign country. (11) United States The term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States. (12) United States person The term United States person means— (A) any individual who is a citizen or national of the United States or who is an individual described in subparagraph (B) of section 274B(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a)(3) )