Does the assessment fee apply to trades of U.S. customers on foreign exchanges?

Generally, yes. Foreign futures and options are assessed the assessment fee at the same rates applicable to domestic futures and options. There are two exceptions: 1) The "omnibus account" exemption, discussed under Part IV, question 5, applies to foreign futures and options. (A "U.S. customer" includes any customer who resides in the United States, its territories or possessions); and 2) The exemption referenced in Bylaw 1301 (b) (i) (E) (2) regarding proprietary trades of a person who has privileges of membership on certain NFA Member contract markets (irrespective of whether that person is a member of the foreign exchange). Currently those contract markets are CME Group, ICE Futures, Kansas City Board of Trade, and Minneapolis Grain Exchange.