D. Diplomatic Negotiations

The President, Vice President, Secretary of State, Ambassadors, and Consuls, or their lawfully designated deputies, may withhold records of ongoing diplomatic negotiations. These records must be preserved and made public upon the conclusion or official abandonment of the negotiations, except for portions:

• Lawfully classified to protect intelligence sources and methods; or

• Connected to active military operations.

If Senate consent is required for a treaty or agreement, the relevant records must be made available to the Senate prior to any ratification vote, but must be published once the treaty is ratified, unless classified according to the other provisions in this Section.

These disclosure requirements apply regardless of whether an agreement is ultimately reached.