; (B) prolonged detention without charges and trial; (C) causing the disappearance of such persons by the abduction and clandestine detention of such persons; or (D) other flagrant denial of the right to life, liberty, or the security of such persons; or (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1). (b) Form; updates; removal (1) Form The list required by subsection (a) shall be transmitted in unclassified form and published in the Federal Register without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States, except that the President may include a foreign person in a classified, unpublished annex to such list if the President— (A) determines that— (i) it is vital for the national security interests of the United States to do so; and (ii) the use of such annex, and the inclusion of such person in such annex, would not undermine the overall purpose of this section to publicly identify foreign persons engaging in the conduct described in subsection (a) in order to increase accountability for such conduct