Summary

On 1 April 2026, the Federal Council opened the public consultation process for the new Requisition Ordinance. The ordinance regulates the tasks and competencies of the armed forces and military administration in securing goods and services during emergencies. It implements amendments to the Military Act, which enters into force on 1 June 2026. The scope of requisition is being expanded: in future, it will cover not only material goods but also intangible assets such as data, radio frequencies, and energy resources. The new ordinance is intended to ensure the armed forces' operational capability in hybrid conflict scenarios and will apply to all operational situations, not only during active service or assistance operations.

Persons

  • Federal Council (collective body)

Topics

  • Military law
  • Crisis management
  • Infrastructure protection
  • Hybrid threats

Clarus Lead

The revision of the Requisition Ordinance signals a strategic reorientation of Swiss military logistics towards asymmetric and hybrid threat scenarios. The expansion to intangible assets – particularly digital infrastructures and energy resources – reflects changing security risks that extend beyond traditional armed conflicts. With the entry into force of the new Military Act in June 2026, the armed forces will be authorized for the first time to enforce requisitions even in peacetime and in non-deployment situations – a competency expansion with significant implications for the economy and private sector.

Detailed Summary

The Requisition Ordinance implements the competencies for securing military operational capability as specified in the revised Military Act. The instrument of requisition has traditionally been understood as an emergency mechanism: it enables authorities to order the production or seizure of goods and the provision of services in crisis situations in order to ensure social security, health protection, and the supply of the armed forces.

The innovation lies in the categorical expansion: previously, requisition was limited to movable and immovable property. The new ordinance will in future also cover intangible assets – specifically services, data, radio frequencies, and controllable natural forces such as electricity supply. This expansion addresses the vulnerability of critical infrastructures to hybrid attack forms that operate not primarily through kinetic means but through digital or logistical channels.

A second focus is the temporal expansion of requisition authority. Previously, the instrument applied only during active service or assistance operations. The new regulation is intended to ensure the armed forces' operational resources in all situations – a formulation that also includes peacetime and preventive scenarios. The ordinance designates responsible bodies and defines their tasks. The Federal Council also receives the competency to provide exceptions to statutory obligations – particularly for authorities and organizations that are critical to economic function or public welfare.

Key Findings

  • The Requisition Ordinance modernizes a classical emergency instrument for hybrid and digital threat scenarios
  • Intangible assets (data, radio frequencies, energy) become requisitionable for the first time
  • Authority is expanded temporally: application in future to all operational situations, not only during active/assistance service
  • Critical infrastructure operators receive exemption provisions to protect economic continuity

Critical Questions

  1. Evidence/Data Quality: Which threat scenarios or vulnerability studies justify the expansion to intangible assets and the temporal expansion? Are these scenarios publicly documented?

  2. Conflicts of Interest: How is the boundary between legitimate requisition and interference with trade secrets or operational data regulated? What control mechanisms prevent abuse?

  3. Causality/Alternatives: Why is requisition the most appropriate instrument for securing critical infrastructures? Would cooperation contracts with private sector operators not be less invasive?

  4. Feasibility/Risks: How are critical infrastructure operators (energy, telecommunications) involved in implementation? What economic follow-up costs arise from operational disruptions?

  5. Legal Certainty: What compensation mechanisms are provided for companies whose operational assets or data are requisitioned?

  6. Transparency: Will the public consultation process be publicly documented? Which stakeholders (business associations, data protection, cantons) have been consulted?

Source Directory

Primary Source: New Requisition Ordinance: Opening of Public Consultation – https://www.news.admin.ch/de/newnsb/s3QRXoacu8q6Rn092TrAJ

Verification Status: ✓ 01.04.2026

This text was created with the support of an AI model. Editorial responsibility: clarus.news | Fact-checking: 01.04.2026