Article 9

1. The requested Party shall take testimony, statements or items in accordance with the laws of the requested Party. In taking testimony, statements or items, the requested Party shall employ compulsory measures, including search and seizure, if such measures are necessary and the request includes information justifying those measures under the laws of the requested Party.

2. The requested Party shall make its best efforts to make possible the presence of such persons as specified in a request for taking testimony, statements or items during the execution of the request, and to allow such persons to question the person from whom testimony, statements or items are sought. In the event that such direct questioning is not permitted, such persons specified in the request shall be allowed to submit questions to be posed to the person from whom testimony, statements or items are sought.

3. If a person, from whom testimony, statements or items are sought pursuant to this Article, asserts a claim of immunity, incapacity or privilege under the laws of the requesting Party, testimony, statements or items shall nevertheless be taken. In cases where testimony, statements or items are taken in accordance with this paragraph, they shall be provided, together with the claim, to the Central Authority of the requesting Party for resolution of the claim by the competent authorities of the requesting Party.