In light of the fact that MSSB knew full well that, as a non-signatory, the terms of the Protocol were inapplicable to Fidelity, the heads I win, tails you lose posture adopted by MSSB with regard to its selective use of the terms of the Protocol was particularly opprobrious.
The IAEA charter stipulates that in the event that there is any evidence that a state signatory to the Nuclear Non-Proliferation Treaty is acting in a non-transparent manner regarding its nuclear activities, that state must be referred to the Security Council.