(3) Requirement (A) In general In the case of assistance or amounts provided using aid under the Program by an eligible entity to a specific person, the assistance or amounts shall not be made available to a foreign person making direct investment (as those terms are defined in section 801.2 of title 15, Code of Federal Regulations (or successor regulations)) in the United States. (B) Exception Subparagraph (A) shall not apply to public, widely available assistance, such as best practice guidelines or other nonproprietary, nonexclusive aid. (4) Subagreements Nothing in this section prevents an eligible entity from using aid received under the Program to enter into a subagreement with— (A) another eligible entity