Not being able to demonstrate that you're not using these materials is not the same as using these materials.
With that said, the whole "conflict" diamonds/materials thing is (often) blown out of proportion ...
Hypothetically speaking, the 3DS might source $1 in materials from these regions, and $0.01 might end up in the hands of the violent regime; but this is similar to buying a shawarma from a man who gives 10% of his money to his mosque, and then the mosque donates 10% of their money to a terrorist organization (through a charity front).







