(a) An employer who has submitted an attestation which has been
accepted for filing may withdraw such attestation at any time before the
12-month period of its validity terminates, unless the Administrator has
found reasonable cause under subpart G to commence an investigation of
the particular attestation. Such withdrawal may be advisable, for
example, when the employer learns that the country in which the vessel
is registered and of which nationals of such country hold a majority of
the ownership interest in the vessel has been removed from the non-
reciprocity list (which means, for purposes of this section,
Prohibitions on longshore work by U.S. nationals; listing by country at
22 CFR 89.1). In that event, an attestation would no longer be required
under subpart F of this part, since upon being removed from the non-
reciprocity list the performance of longshore work by alien crewmembers
would be permitted under the reciprocity exception at sec. 258(e) of the
Act (8 U.S.C. 1288(e)). Requests for withdrawals shall be in writing and
shall be directed to the regional certifying officer.
(b) Withdrawal of an attestation shall not affect an employer's
liability with respect to any failure to meet the conditions attested to
which took place before the withdrawal, or for misrepresentations in an
attestation. However, if an employer has not yet performed
the longshore activities at the location(s) in question, the
Administrator shall not find reasonable cause to investigate unless it
is alleged, and there is reasonable cause to believe, that the employer
has made misrepresentations in the attestation or documentation thereof,
or that the employer has not in fact given the notice attested to.
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