МЕЖДУ РОССИЙСКОЙ ФЕДЕРАЦИЕЙ И ЯПОНИЕЙ О ВЗАИМНОЙ ПРАВОВОЙ ПОМОЩИ ПО УГОЛОВНЫМ ДЕЛАМ. Договор. Правительство РФ. 12.05.09

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.