; or (iii) purchase, lease, or barter of property or services from a foreign source that is a foreign country of concern or a foreign entity of concern; and (B) does not include any fair-market, arms-length agreement made by faculty, professional staff, and other staff engaged in research and development (as determined by the institution and measured by the Higher Education Research and Development Survey of the National Center for Science and Engineering Statistics) for the acquisition, by purchase, lease, or barter of property or services from a foreign source other than such a foreign source that is a foreign country of concern or a foreign entity of concern; and (2) Foreign country of concern The term foreign country of concern includes the following: (A) A country that is a covered nation (as defined in section 4872(d) of title 10, United States Code). (B) Any country that the Secretary, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States. (3) Foreign entity of concern The term foreign entity of concern has the meaning given such term in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) ) and includes a foreign entity that is identified on the list published under section 1286(c)(8)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 22 4001 note; Public Law 115–232 ). (4) Foreign source The term foreign source means— (A) a foreign government, including an agency of a foreign government; (B) a legal entity, governmental or otherwise, created under the laws of a foreign state or states; (C) a natural person who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and (D) an agent, including— (i) a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source