Introduction  

The Participants acknowledge the deep political, social, economic, cultural and scientific ties that have strengthened and furthered transatlantic cooperation between the United States and Germany since the end of World War II. This transatlantic relationship is based on mutual trust, a shared and strong commitment to freedom, democratic principles, institutions and common values reflected in a dense network of relations in the sphere of the economy, civil society, science, and culture. The Participants recognize each Participant’s desire to reaffirm and further strengthen their transatlantic cooperation and partnership to address current global challenges, with a specific focus on strengthening the United States’ and Germany’s joint strategic and technological advantage and investment in such key sectors as innovative technology including cybersecurity, emerging technologies, photonics, semiconductors, aerospace and aviation, automotive and life science and medical devices. The Participants concur that the goal of their cooperation is to encompass a wide range of topics to promote bilateral private investment facilitation and trade promotion and that the current Joint Declaration of Intent (JDI) may subsequently be broadened by mutual consent. The cultural relationship between [THIS STATE] and Germany is a significant factor in establishing closer ties, mutual knowledge and understanding between the people of the Participants’ countries; there is interest in exploring and identifying international cultural exchanges and collaborations in the arts to strengthen the relationship between, and for the benefit of, the citizens of [THIS STATE]  and Germany.  

In acknowledgement of the mutual benefits outlined herein, the Participants concur to engage in good faith efforts to achieve the goals of continued collaboration based on the following understanding:   

Section 1: Purpose  

 The purposes of this JDI will be to:  

• (a) Promote and strengthen the Participants’ collaboration and cooperation between [THIS STATE] and the FEDERAL FOREIGN OFFICE, to establish parameters of such cooperation, and deepen ties and address barriers in the areas identified in Section 2 herein, with the ability to add additional sectors at a later date as needed;  
• (b) Collaborate in furtherance of the objectives outlined herein;  
• (c) Increase economic opportunity for their respective citizens and businesses; and   
• (d) Strengthen the bond that has existed between the people of [THIS STATE]  and Germany since the end of World War II.  

Section 2. Priority Sectors  

• (a) The Participants will, subject to the applicable laws, rules, regulations, and national and sub-national policies governing the subject matter between [THIS STATE]  and THE FEDERAL FOREIGN OFFICE respectively, endeavour to encourage and promote strategic investment and technical cooperation in the following areas:  
  1. Innovative Technologies and related disciplines including Cybersecurity and Emerging Technologies;  
  2. Photonics and related technologies such as semiconductors;  
  3. Aerospace and aviation;  
  4. Automotive;   
  5. Life sciences and medical technologies; and  
  6. Workforce training and University Collaborations.  

Section 3. Procedures For Cooperation    

• (a) In furtherance of the purposes of this JDI, as articulated in Section 1, the Participants may carry out the following activities:   
  1. Exchange publicly available scientific and technical information;  
  2. Encourage and facilitate study trips as well as professional and academic exchanges;  
  3. Encourage academic, and research and development institutes and the private sector to work together in joint projects (research and development), training and educational programs (including apprenticeships, workforce and vocational training), and the exchange of expertise;  
  4. Facilitate dialogue through support of conferences, workshops and other meetings on decided topics, targeting especially, but not only, specialized professionals, young people, start-ups and small businesses;  
  5. Encourage private sector companies and industry bodies to cooperate closely and to explore further business opportunities, e.g. through trade and investment delegations;   
  6. Explore and identify international cultural exchanges and collaborations in the arts; and  
  7. Facilitate other forms of cooperation as may be determined jointly by the Participants in writing.  
• (b) This state’s Department of Commerce or other relevant agency, on behalf of [THIS STATE], and the Federal Foreign Office of the Federal Republic of Germany, on behalf of GERMANY, will form a working group (the “Working Group”) to meet annually to coordinate and implement these activities pursuant to the JDI.   
  1. The Working Group’s agenda(s), time and place of the meetings will be jointly decided upon by the Participants.  
  2. The host Participant will chair the meeting(s). For meetings with no obvious host, including meetings held by videoconference, the Participants will jointly decide the chairperson in advance of the meeting.  
  3. The Participants will conduct an annual review of activities under the JDI, with a view to exchanging information on progress and consideration of future collaboration opportunities. The Working Group will serve as the mechanism for this review and update their respective Ministers and Secretaries accordingly.  
  4. The Participants understand that each Participant will bear its own internal and external costs incurred in connection with the Working Group meetings.  

Section 4. Funding  

• (a) This JDI does not involve or require the commitment or transfer of financial or material resources by or between the Participants.   

Section 5. Implementation  

• (a) [THIS STATE] designates this state’s Department of Commerce or relevant agency and the FEDERAL FOREIGN OFFICE designates the German Consulate General with jurisdiction in [THIS STATE] (collectively, the “Designees” and each a “Designee”) as the coordinating authorities for all state interactions related to this JDI.   
• (b) The Designees will coordinate the implementation of the JDI, as appropriate, between and among entities of [THIS STATE] and the FEDERAL FOREIGN OFFICE. The Designees may generate a timeline to foster regular interaction and provide direction in the implementation of this JDI to ensure progress in areas of mutual benefit.   

Section 6. Intellectual Property   

• (a) If any intellectual property rights arise from the operation of this JDI, the Participants understand it will be attributed and protected in accordance with Participants’ respective state and national laws, subject to any alternative arrangements that may be decided by those participating in the activity. 
• (b) In the event that the Participants wish to carry out joint research projects under this JDI, they will establish separate instruments to provide for the disposition of any intellectual property that might arise from such joint research projects.    

Section 7. Information Sharing and Confidentiality  

• (a) The Participants confirm that the information exchanged under this JDI will only be disclosed to third parties by mutual consent of the Participants in accordance with Section 8 herein and in a manner consistent with the objectives of the JDI.   
• (b) In circumstances where either Participant is legally obliged to disclose any information related to this JDI under applicable law, by court order, or for another reason, it will notify the other Participant before doing so.   

 Section 8. Third Party Participation   

• (a) The Participants acknowledge that individuals and entities from the private, public, academic, research, and other sectors may be invited to support the cooperative activities described herein, provided that they can directly and meaningfully contribute to the achievements of the objectives of the JDI. Subject to each Participant’s absolute discretion, this support may include, but is not limited to, participation by research institutions, economic development organizations, non-governmental and advisory bodies, private enterprise, trade associations, and public-private partnerships.   

Section 9. General provisions  

• (a) The Participants intend to amicably resolve any questions concerning implementation of this JDI through mutual consultation and negotiation.   
• (b) This JDI constitutes an expression of the Participants’ good faith intention to engage in the collaboration described herein.  
• (c) This JDI is not legally binding under state, national or international law and does not constitute an international treaty or create any rights or obligations under domestic or international law.   
• (d) This JDI is effective on the date of its signature and will continue in operation until terminated by either Participant. The Participants may amend this JDI at any time upon their mutual written consent. Either Participant may terminate this JDI at any time and should inform the other Participant of its withdrawal in writing at least 90 days prior.  

  Section 10. Participant addresses  

• (a) For all purposes of this JDI, the addresses of the Participants are:   
  1. [THIS STATE], UNITED STATES OF AMERICA, Executive Office of the Governor  
  2. FEDERAL FOREIGN OFFICE OF THE FEDERAL REPUBLIC OF GERMANY