; (2) the person has been prosecuted appropriately for the activity; or (3) the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity, and has credibly committed to not engage in an activity described in subsection (a) in the future. (d) Form (1) In general The list required by subsection (a)— (A) shall, notwithstanding 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, be submitted in unclassified form and be published in the Federal Register; and (B) may include a classified annex only as provided in paragraph (2). (2) Use of classified annex The President may include a person on the list required by subsection (a) in a classified annex to the 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 the annex, and the inclusion of the person in the annex, would not undermine the overall purpose of this section to publicly identify foreign persons engaging in activities described in subsection (a) in order to increase accountability for such conduct