Microsofts testing partner Veritest actually does the test. You could as them via e-mail: msplatformtest@veritest.com
FxCop Is only used to load the assembly ??just to ensure that the assembly in fact is a .NET assembly. Hence no rules are used against the assembly.
I know it sounds strange I´m just telling you all whar my local ISV DE told me when I asked him the same questions.