Southern African Development Community 3. Nothing in this Article shall preclude the use or disclosure of information or evidence to the extent that there is an obligation to do so under the laws of the Requesting State in criminal proceedings. The Requesting State shall notify the Requested State in advance of any such proposed disclosure. 4. Information or evidence which has been made public in the Requesting State in accordance with paragraph 1 or 2 may thereafter be used for any purpose. ARTICLE 12 TESTIMONY OR EVIDENCE IN THE REQUESTED STATE 1. A person in the Requested State from whom testimony or evidence is requested pursuant to this Protocol shall be compelled, if necessary, to appear and testify or produce items, including documents, records, and articles of evidence. 2. Upon request, the Requested State shall furnish information in advance about the date and place of the taking of the testimony or evidence pursuant to this Article. 3. The Requested State shall permit the presence of such persons as specified in the request during the execution of the request, and shall allow such persons to question, directly or indirectly, the person giving the testimony or evidence. 4. If the person referred to in paragraph 1 asserts a claim of immunity, incapacity, or privilege under the laws of the Requesting State, the claim shall be made known to the Requesting State for resolution by the authorities of that State. ARTICLE 13 OFFICIAL RECORDS 1. The Requested State shall provide the Requesting State with copies of publicly available records, including documents or information in any form, in the possession of organs of State and government departments and agencies in the Requested State. 2. The Requested State may provide copies of any documents, records, or information which are in the possession of an organ of state or a government department or agency in that State, but which are not publicly available, to the same extent and under the same conditions as such SADC Protocol on Mutual Legal Assistance in Criminal Matters 9