Now that's a good question, how dare you ask such a good question. Why not direct it to the lawyers that drew up the new procedures?
I would have thought that the best idea would be to give a foreign pilot the best service you can, traffic permitting, depending on whether they ask for a radar (RIS/RAS) or non radar service (FIS), ie if they ask for a RIS, then explain that it's no longer available and offer them a Traffic Service.
Mind you, since the new procedures seem to put less onus on us and more on the pilots, why worry?