; or (ii) affiliation, agreement, or similar transaction with a foreign source and is based on the use or exchange of an institution’s name, likeness, time, services, or resources, except as provided in subparagraph (B); and (B) does not include any agreement made by an institution located in the United States for the acquisition, by purchase, lease, or barter, of property or services from a foreign source; (2) 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) an individual who is not a citizen or a national of the United States or a trust territory or protectorate thereof; and (D) an agent, including a subsidiary or affiliate of a foreign legal entity, acting on behalf of a foreign source; (3) the term gift means any gift of money, property, resources, staff, or services; (4) the term institution means an institution of higher education, as defined in section 102, or, if a multicampus institution, any single campus of such institution, in any State; and (5) the term restricted or conditional gift or contract means any endowment, gift, grant, contract, award, present, or property of any kind which includes provisions regarding— (A) the employment, assignment, or termination of faculty; (B) the establishment of departments, centers, institutes, instructional programs, research or lecture programs, or new faculty positions; (C) the selection or admission of students